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ARTICLE · 09 APRIL 2019

EAT Helps Clarify When A Disability Becomes "Long Term"

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In the recent case of Nissa v. Waverly Education Foundation, the EAT helped clarify the definition of disability under the EA 2010 and, in particular, helped shed light on how "long term"...

United KingdomEmployment and HR

In the recent case of Nissa v. Waverly Education Foundation, the Employment Appeal Tribunal (EAT) helped clarify the definition of disability under the Equality Act 2010 (EA) and, in particular, helped shed light on how "long term", which forms part of the statutory definition, should be understood.

Background

Mrs Nissa had been employed by the Waverly Education Foundation (the Foundation) as a science teacher since September 2013. From December 2015, Mrs Nissa suffered from symptoms including fatigue, muscle stiffness and sensitivity to pain, which were later diagnosed as fibromyalgia. 

She resigned on 31 August 2016 and brought a claim against the Foundation for disability discrimination under the EA. She claimed that the impairments had caused her to suffer a substantial and long term adverse effect on her ability to carry out normal day-to-day activities. Whilst the Foundation did not dispute that she was suffering from these conditions, they did not agree

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