Employment Gem Of The Week - 4/2/10

To keep you up to date with the ever changing world of employment law, Rooks Rider brings you its gem of the week....

The Employment Appeal Tribunal (EAT) has overturned the decision of the Employment Tribunal in the case of Patel v Oldham Metropolitan Borough Council and held that where an employee has suffered from consecutive related impairments, neither of which have lasted for 12 months or are likely to last for 12 months, the duration of the impairments could in principle be aggregated to allow the employee to claim protection under the Disability Discrimination Act 1995 (DDA). In this case the employee had suffered from myelitis or inflammation of the spinal cord for approximately 10 months and then developed muscular or myofacial pain which the joint expert said was unlikely to last for 12 months. In order to come within the remit of the DDA, an impairment must have lasted for at least 12 months or be likely to last 12 months.

The EAT made it clear that it is a question of fact as to whether or not the impairments are related and the case has therefore been remitted to the Employment Tribunal in order to determine this.

Depending on whether or not this case goes to appeal, this decision clearly has potentially wide ramifications for employers and employees alike, so we will keep you updated.

If you have any questions in relation to this case or any other employment issues that you might have please contact:

Amanda Pullinger
Head of Employment
+44 (0)207 689 7180

Philippa Robbins
Assistant Solicitor
+44 (0)207 689 7194
employmentgroup@rooksrider.co.uk