[2002] ICR 729, EAT (also reported at [2002] IRLR 24).
NOTES

  • Cruickshank v VAW Motorcast Ltd [ [2002] ICR 729, EAT on 25th October 2001 (reported at [2002] IRLR 24).
  • The full text judgment in this case is available free of charge on the BAILII website
    (professional versions only)

    Representation:-

  • Mary Stacey appeared for Mr Cruickshank under the Employment Law Appeal Advice Scheme
    Authority for the propositions that:-

    1. the fact that a condition may be caused at work is not in itself a reason for excluding it from consideration when deciding whether it has a substantial adverse effect on ability to carry out normal day to day activities;

    2. when considering whether a person is disabled within the meaning of DDA 1995 s.1 a tribunal should consider "what did the employer know our ought to have known of the employee's disability at the time of dismissal" rather than his state of health at the time of the hearing.

    For relevant general notes see Disability Discrimination/Disability Discrimination Act 1995/meaning of disability .


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    prepared Jan2002.