Search

How can we help?

Icon

“Long-term effect” must be satisfied at time of discriminatory acts

The EAT has clarified when the “long-term effect” aspect of the definition of disability will be satisfied.

Between September 2016 and September 2017, the Claimant in Tesco Stores Limited v Tennant had been on long periods of sick leave due to depression and claimed she had been discriminated against during this period.

An impairment for disability discrimination purposes is classed as “long-term” if it (a) has lasted 12 months, (b) is likely to last 12 months, or (c) is likely to last for the rest of the Claimant’s life.

The ET held as the Claimant had suffered the adverse effects from September 2016, and she was still suffering from the same effects 12 months later in September 2017, the “long-term effect” part of the definition of disability (as set out in strand (a) above) was satisfied.

However, the EAT disagreed and held that the (a) strand of the definition would be satisfied if on the date of the alleged discriminatory treatment, “there has been 12 months of effect”.

The EAT has clarified when the “long-term effect” aspect of the definition of disability will be satisfied.

As the Claimant only satisfied the “long-term effect” aspect of the definition as of September 2017, she did not satisfy the definition of disability at the time of the alleged acts of discrimination, and her claim failed.

This case is a useful indicator for both employers and employees of how the ET will approach the question of “long-term effect” in future disability discrimination cases.

About this article

Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

About this article

Read, listen and watch our latest insights

art
  • 20 January 2025
  • Employment

AI Opportunities Action Plan – The impact of AI on employment

The Government has announced its ‘AI Opportunities Action Plan’ in which it plans to increase the use of AI across the UK to ensure the UK is a world leader in the field. 

art
  • 16 January 2025
  • Corporate and M&A

Business Asset Disposal Relief: Changes to CGT Relief and the Consequences for Business Owners

Developing a robust cybersecurity strategy is essential to ensuring value retention, securing sensitive data, minimising risks and a seamless transfer during and after the merger or acquisition.

art
  • 14 January 2025
  • Employment

Is this the end of working from home?

In this article, we explore what legal rights employees and businesses have in this context as well as considering more commercial factors.

art
  • 13 January 2025
  • Litigation and dispute resolution

Looking ahead to Dispute Resolution in 2025

2025 is shaping up to be a busy year with  a number of important changes due to be implemented by new legislation. In this article we take a look at a few of the changes affecting litigation and Dispute Resolution. 

Pub
  • 13 January 2025
  • Corporate and M&A

Preparing your business for exit – London Seminar

Join Stuart Mullins, Partner at Clarkslegal, and Nicky Goringe Larkin, Managing Director at Succession Planning, for a seminar on preparing your business for exit at Goringe Accountants London office.

Pub
  • 10 January 2025
  • Privacy and Data Protection

UK Data Protection: What happened in 2024 and what’s in store in 2025?

It’s been a year of political change and uncertainty for data protection. Join our data protection webinar, where we will discuss the implications of the Data Protection and Digital Information Bill not passing and the upcoming Digital Information and Smart Data Bill from the King’s Speech, which will affect existing laws.