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ARTICLE · 20 FEBRUARY 2020

Long-Term Effect In Disability Discrimination Claims

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In the recent case of Tesco Stores Ltd v Tennant the Employment Appeal Tribunal (EAT) held that, in order to bring a successful disability discrimination claim,...

United KingdomEmployment and HR

In the recent case of Tesco Stores Ltd v Tennant the Employment Appeal Tribunal (EAT) held that, in order to bring a successful disability discrimination claim, an employee must demonstrate that impairment had a 'long term effect' at the time the alleged acts of discrimination took place.

Facts

Ms Tennant was employed by Tesco Stores Ltd ("Tesco") as a check out manager. She was absent from work as a result of depression from September 2016. In September 2017 she brought a claim for disability discrimination in relation to discriminatory acts which she allegedly suffered in the period between September 2016 and September 2017. Amongst other things, the Employment Tribunal had to consider if Ms Tennant was disabled under the Equality Act 2010 ("the Act") and, if so, whether she was disabled at the time of the alleged discriminatory acts.

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