Disability discrimination: Employment Appeal Tribunal decision on disability discrimination and the dangers of not engaging with relevant issues
Tuesday 30th April 2024
The Employment Appeal Tribunal (EAT) have upheld an appeal against a tribunal’s decision that an employee was not disabled. In doing so, the EAT highlights the dangers associated with not engaging with relevant issues that arise for determination.
Facts
In Linton v The Athelstan Trust, the employee brought claims of disability discrimination, amongst others, against the employer. The basis for the employee’s disability claim was that he was disabled by reason of suffering from PTSD as a result of an accident he had 25 years previously. The employee did note that he had not suffered from the effects of PTSD for some time, but also that a trigger event could (and did during the Covid pandemic) cause his PTSD to recur.
Decision
The tribunal decided the employee was not, in fact, disabled for the purposes of the Equality Act – finding that the employee had no formal diagnosis of PTSD at the time of the alleged discrimination despite a medical report that was in support of the employee. The decision was appealed to the EAT.
The EAT allowed the appeal. The EAT noted that the tribunal had accepted the employee’s assertion that he had suffered trauma as a result of his accident 25 years ago and that this had led the employee to have effects such as nightmares and claustrophobia. It was noted further that the tribunal’s reluctance to give the employee’s medical report any substantial weight in the matter resulted in the tribunal’s failure to engage with key issues for determination which was thus fatal to the tribunal’s finding that there was no disability.
Comment
When dealing with disability claims, employers would do well to make sure they consider all medical advice as appropriate when contemplating a termination decision.
For advice on reasonable adjustments, dealing with allegations of discrimination or long term ill health absence, please speak to a member of the employment team who will be able to assist.
