31 January 2008
McDougall v Richmond Adult Community College [2008] EWCA Civ 4, [2008] All ER (D) 54 (Jan)
When determining whether or not an adverse effect on a person’s ability to carry out normal day-to-day activities is “likely to recur” (within the meaning of para 2(2) of Sch 1 to the Disability Discrimination Act 1995), an employment tribunal should make its determination on the basis of evidence available at the time of the allegedly discriminatory act.
