Long-term effect of a disability must be considered as at date of alleged act of discrimination

In All Answers Ltd v W and anor, the Court of Appeal held that an employment tribunal erred in failing to consider whether the adverse effect of a disability discrimination claimant’s mental impairment was likely to last for at least 12 months as at the date of the alleged discriminatory acts. The Tribunal is not entitled to have regard to events occurring after the date of the alleged discrimination to determine whether the effect was likely to last for 12 months.

Link to transcript: https://www.bailii.org/ew/cases/EWCA/Civ/2021/606.html

 
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