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Qureshi v Marks And Spencer Plc - test for whether someone is 'disabled' must focus on what he cannot do, not what he can do

In evaluating whether a person is disabled during a relevant time, the focus must be on what that person cannot do, not what he can

Ms Qureshi had suffered an unhappy and violent marriage and was left bringing up three children as a single mother. She suffered a number of symptoms including depression and post traumatic stress. At work she alleged harassment and unfair treatment and brought a claim to ET for unfair dismissal, disability discrimination and harassment. The question before the ET was whether she was disabled.

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