An impairment for the purposes of the Disability Discrimination Act 1995 s.1(1) could be an illness or the result of an illness.
The appellant employer (M) appealed against an employment tribunal's finding that the respondent employee (H) was disabled. H had brought a disability discrimination claim on the basis that his disability was a result of tuberculosis. Although expert medical evidence was that impairments attributable to tuberculosis alone would have had a substantial adverse effect on his day-to-day activities for less than 12 months, the tribunal held that he was nonetheless disabled by reason of a constellation of symptoms, not medically attributed to tuberculosis, which lasted more than a year. M submitted that the tribunal had found H was disabled (1) on a different basis from that which he had advanced before and at the hearing; (2) on the basis of all the material available at the time of the hearing rather than at the time of the alleged acts of discrimination.
For the appellant: Adam Tolley.
For the respondent: Katharine Newton.
For the appellant: Treasury Solicitor
For the respondent: David Downton & Co (Milton Keynes)
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