All Answers v W [2021] IRLR 612
The Court of Appeal allowed the appellant company's appeal concerning an employment tribunal's finding on disability status.
Key Principles:
When evaluating disability discrimination claims, the determining factor is whether, at the time of the alleged discriminatory acts, the impairment's effect is projected to persist for at least a year.
This assessment is grounded on the facts and circumstances present at the discrimination's alleged date.
Subsequent events, after the alleged discrimination, should not be considered to determine if the impairment's effect lasted the required period.
Facts and Application: Ms R and Mr W, both employees of the appellant company, claimed disability discrimination based on events from 21 and 22 August 2018. They argued, among other things, that a seating arrangement change during their depressive episodes in August 2018 amounted to direct discrimination. In a preliminary hearing, the employment tribunal determined both were disabled under the Equality Act 2010, citing, for instance, Ms R's disability starting from April 2018 and continuing onwards. The appellant company challenged these findings, especially on the basis that the tribunal considered events after the August 2018 dates. The primary issue was if the tribunal properly assessed the "long term" impact of the claimants' mental impairments at the discrimination's alleged time.
In the appeal's judgement, the Court of Appeal clarified that the assessment should be a prediction made at the alleged discrimination date regarding whether the impairment's effect was expected to last a year from that date. The tribunal's decision, which was based on the situation at the preliminary hearing date, was legally flawed, as it didn't address the "long term" requirement integral to the definition of disability. The issue will be referred back for re-evaluation.
