Disability discrimination: Meaning of "physical or mental impairment"
This report relates to 1 case(s)
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McNicol v Balfour Beatty Rail Maintenance Ltd [2002] IRLR 711 CA (2 other reports)
Key points
- In McNichol v Balfour Beatty Rail Maintenance Ltd [2002] IRLR 711 the Court of Appeal holds that an employment tribunal was entitled to find that the employee had not established that he suffered either a physical or mental impairment within the meaning of the Disability Discrimination Act 1995. There was no evidence before the tribunal that there was any physical reason for the back pain he claimed to suffer, and neither was it shown that it was the result of a clinically well-recognised mental illness.