Bishun v Hertfordshire Probation Service - EAT should not submit tribunal judgment to "unrealistic, minute, myopic assessment"  EAT
The EAT must avoid being seduced into applying its own view of the matter on the basis of putting an employment tribunal's judgment to an unrealistic, minute, myopic assessment, whereby rather than determining the issue as an appellate court should, it effectively re‑tries a case on its facts.
Trainee probation officer Mr Bishun suffered sleep apnoea. This caused him tiredness during the day and, taken with a degree of reading difficulties, amounted (so said the employment tribunal) to a disability. His managers directed him to seek assistance via Access to Work, but, despite their chasing him on this matter, Mr Bishun never provided them with the form to sign that Access to Work gave him.