Parnaby v Leicester City Council UKEAT/0025/19

The EAT held that whether an impairment was likely to last long-term or recur has to be asked at the time at which the relevant decisions were being taken. The tribunal was therefore wrong to consider that because the employee had been dismissed (which he claimed was discriminatory) that the cause of his impairment had been removed. “Likelihood” had to be assessed prior to dismissal.