Evidence in disability discrimination claims
Evidence in disability discrimination claims

The following Employment practice note provides comprehensive and up to date legal information covering:

  • Evidence in disability discrimination claims
  • Decision as to disability rests with tribunal, not medical expert
  • Whether tribunal can consider factors other than medical evidence
  • What medical evidence typically covers
  • Onus on claimant to produce medical evidence
  • Whether tribunal can reject medical evidence
  • Evidence from GPs regarding depressive conditions
  • Presidential guidance on general case management—disability issues
  • Evidence should be from single, jointly-instructed, medical expert
  • When a party wishes to have additional expert of their own
  • More...

Evidence in disability discrimination claims

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: Brexit and IP completion day—implications for employment lawyers.

Coronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the coronavirus (COVID-19) pandemic and until further notice are operating in accordance with the Presidential guidance and directions now issued, which profoundly affect normal practice. See Practice Note: Operation of employment tribunals during the coronavirus (COVID-19) pandemic for full information.

Medical evidence obviously plays an important role in prohibited conduct claims under the Equality Act 2010 (EqA 2010) which rely on the protected characteristic of disability.

Decision as to disability rests with tribunal, not medical expert

However, the responsibility for deciding whether or not an individual is disabled for the purposes of the EqA 2010 rests with the tribunal. In particular, it is for the tribunal to decide:

  1. whether the adverse effect of an impairment is substantial, and

  2. whether an activity is

Popular documents