LONG-TERM ADVERSE EFFECT

摘要

In Parnaby v Leicester City Council~1, the Employment Appeal Tribunal (EAT) considered if the employment tribunal was correct in concluding that an employee, who suffered from work-related stress and was dismissed for long-term sickness absence, was not a disabled person under the Equality Act 2010 (EqA) because the effects of his work-related stress were not 'long term'. Crucially, the tribunal should have considered whether the substantial effects of the impairment were likely to have lasted at least 12 months, or were likely to recur, at the time the discriminatory acts occurred - not with the benefit of hindsight.The fact that the employer actually decided to dismiss, which limited the duration of the impairment (stress) by removing the cause (work), was irrelevant.