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Croal v Network Rail Infrastructure Ltd - When establishing disability, likelihood of long-term impairment must be assessed as at date of alleged discriminatory treatment [2008] EAT

The EAT has confirmed that, when considering the likelihood of whether an impairment will last at least 12 months for the purposes of the Disability Discrimination Act 1995, the date for that assessment is the date of the alleged act of discrimination, not the date of the tribunal hearing. In so holding HHJ Peter Clark followed the Court of Appeal's ruling in Richmond Adult Community College v McDougall 17th January 2008.

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