Employment Cases Update

Khorochilova v Euro Rep Ltd UKEAT/0266/19/DA

Date published: 16/07/2020

Appeal against the ET’s finding that the Claimant was not a disabled person. Appeal dismissed.

The Claimant was summarily dismissed by the Respondent, and she brought claims in the ET including for disability discrimination. At a preliminary hearing, the Claimant identified her disability as "mixed personality disorder", although the term was not actually used in the psychiatrist's report on which she relied; the ET was not convinced that the Claimant had such an impairment, or that such an impairment would have an adverse effect on her day-to-day activities, and so it concluded that she was not a disabled person for the purposes of the Equality Act 2010. The Claimant appealed, contending that the ET had erred in law (1) in failing to consider whether the condition described in the psychiatrist's report constituted a mental impairment, and (2) in failing to consider the evidence of the alleged impairment set out in various documents.

The EAT held that the ET could not be said to have reached a perverse conclusion when stating that it was not satisfied, on the balance of probabilities, that the Claimant's condition had a substantial adverse effect on her normal day-to-day activities.

Read the full text of the judgment on BAILII or download the file by clicking the link below.