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McLauchlan v Chubb Electronic Security Systems Ltd - Disability must be at time of acts complained of, not at later date of ET hearing [2012] EAT

In a disability discrimination claim, it is not sufficient that a claimant is disabled at the time of the ET hearing: he must be disabled at the time of the acts complained of.

Following an accident at work,Mr McLauchlan was off sick from work with mental health issues. He made a number of claims in relation to his claim that he was disabled, and that mistreatment of him by Chubb was related to his disability and was victimisation for his having made contentions about disability. The Employment Tribunal concluded that he had a mental health impairment, but that it did not have such an adverse effect on his day to day activities as to make him disabled at the time of the complaints - although the ET accepted that he later fell within the ambit of the Disability Discrimination Act 1995 (DDA) (provisions now contained in the Equality Act 2010).

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