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.

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.

Author profile

About this article

Read, listen and watch our latest insights

art
  • 29 April 2026
  • Privacy and Data Protection

UK Data Protection – what’s new?

Having come into force on 19 June 2025, it comes as no surprise that we are now seeing the effects of the Data (Use and Access) Act 2025 (‘DUAA’). This article highlights a few of DUAA’s fundamental reforms, delves into one in particular, and examines how this will impact the recruitment sphere.

art
  • 29 April 2026
  • Employment

Employment Rights Act: Changing key contract terms will be harder from January 2027

The Employment Rights Act 2025 (“ERA 2025”) introduces a new regime that restricts how employers can change certain core contractual terms, with the key provisions now expected to commence on 1 January 2027.

art
  • 28 April 2026
  • Immigration

Proposed expansion of right to work checks from 1 October 2026: what employers need to know

The Home Office has published a consultation on a draft Code of Practice addressing how employers can avoid unlawful discrimination while preventing illegal working. The draft indicates a planned expansion of right to work (RTW) check obligations to take effect from 1 October 2026.

Pub
  • 27 April 2026
  • Corporate and M&A

Quarterly Insights: Key Corporate & Commercial Topics – Q2 2026

Join Stuart Mullins and Emma Docking as they explore key corporate and commercial topics, including SME growth and exit strategies for 2026, EMI schemes for employee incentives, and the importance of drag along and tag along rights.

art
  • 22 April 2026
  • Commercial Real Estate

Historic rent reviews: A warning for tenants

We have been asked whether a landlord is able to operate historic rent reviews. 

art
  • 14 April 2026
  • Employment

Updates to Vento Bands 2026: Injury to feelings awards

For discrimination and detriment cases, compensation can also cover non-financial losses, which, in most cases, will include an injury to feelings award.