header-logo header-logo

08 November 2012
Issue: 7537 / Categories: Legal News
printer mail-detail

Infection not disability

EAT: being prone to infection is not a disability

An employee with a condition of the immune system that makes them prone to infections, but which is controlled by medication, is not “disabled”, the Employment Appeal Tribunal (EAT) has held.

In Sussex Partnership NHS Foundation Trust v Norris [2012] UKEAT 0031/12/3010, the EAT set aside the employment tribunal’s finding that the claimant was a disabled person within the meaning of s 6(2) of the Equality Act 2010.

Mrs Justice Slade held there was insufficient evidence to show the condition, Selective IgA Deficiency, caused substantial adverse effects. While the employee had suffered a three-and-a-half-month period of sickness in 2007, there was insufficient evidence that this would recur.

Slade J said: “The statute requires a causal link between the impairment and a substantial and long-term adverse effect on the ability to carry out day-to-day activities...If on the evidence the impairment causes the substantial adverse effect on ability to carry out day-to-day activities, it is not material that there is an intermediate step between the impairment and its effect provided there is a causal link between the two.”

However, she found that the evidence relied on by the tribunal “does not adequately support a conclusion that increased frequency of infections would result in a substantial adverse effect on the claimant’s ability to carry out day-to-day activities”.

Issue: 7537 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll