When Do You Confirm Disability Status?

In the recent case of All Answers Ltd v W and Another, the Court of Appeal provided clarity on when the disability status of Claimants should be assessed. It held that the long-term effect of an impairment must be considered as at the date of the alleged discriminatory act, and so a tribunal is not entitled to consider events occurring after the alleged discriminatory act.

The legislation

In order to bring a claim for disability discrimination, the Claimant must meet the definition of ‘disability' which is set out in Section 6 of the Equality Act 2010 i.e. a physical or mental impairment that has a “substantial” and “long-term” adverse effect on their ability to carry out “normal day-to-day activities”.