Cases on employment

Court of Appeal, 2002. Full judgment: bailii.org. Two appeals (the McNicol case and Rugamer v Sony Music Entertainment) raised issues of the application of the “physical or mental impairment” test to functional or psychological “overlay”, where a person claims to be suffering from physical injury but the doctor is satisfied that his or her symptoms … Read more

In this case the EAT sets out important guidelines on expert evidence in employment tribunal cases. Employment Appeal Tribunal, 2001. The EAT’s judgment is available in full on the EAT website at www.bailii.org/uk/cases/UKEAT/2001/1438_00_2003.html. The guidelines are at paragraph 36 (bailii.org) of the judgment. For example, the EAT comments that expert evidence will not always be … Read more

Employment Appeal Tribunal, 11.7.01 (1155/98). Full judgment: bailii.org. The applicant was offered a job as a physics/information technology technician in a school, subject to a medical report, However, he was found to have a history of schizophrenia and was asked to leave. The school argued that its actions were justified for safety reasons. The employment … Read more

Employment Appeal Tribunal, 2000. Full decision: bailii.org. The applicant was turned down from becoming a trainee voluntary adviser with the citizens advice bureau (CAB), allegedly for certain mental health reasons. The employment tribunal decided that the applicant would not be an “employee” or a person who “contracts personally to do work” so as to fall … Read more

Employment Appeal Tribunal, 18.12.00, 1319/99. Full judgment: bailii.org. An employee was dismissed allegedly due to his dyslexia. The employment tribunal found that his dyslexia did not have the required substantial effect and so was not a disability. The tribunal commented amongst other things that he knew how to use a spell check and he now … Read more

Employment Appeal Tribunal, 1999. Full judgment: bailii.org. A woman had a disability relating to the use of her right arm and hand, and suffered pain doing various tasks. The employment tribunal held that she did not have a disability as it did not have a “substantial” effect. For example, the employment tribunal had said that … Read more

Employment Appeal Tribunal, 1999. Full judgment: bailii.org. Since 1993 the applicant had suffered from the clinically well recognised illness of depression, but seemed to have recovered completely. Nonetheless he was turned down for promotion, and was told that his was because he was seen as unreliable due to his previous sickness and non-cooperation in moving … Read more

Employment Appeal Tribunal. [1999] IRLR 158. Full judgment: bailii.org. A multiple sclerosis sufferer was dismissed. The Industrial Tribunal awarded £7,627.50 compensation, including £500 for injury to feelings. The Employment Appeal Tribunal said that given there was no maximum limit on compensation the tribunal should have considered more carefully the compensation for future loss, perhaps involving … Read more

When applying for a job, the claimant disclosed she had photo-sensitive epilepsy controlled by medication. She said at the start of the interview she might be disadvantaged by the lighting in the room. The employer thought she just meant she might need to use the sunglasses which hung from her neck – which in fact … Read more