Mart v Assessment Services Inc [2019]

Posted In: Case Law
  • Decision Number
  • Legal Body
    Employment Appeal Tribunal (UKEAT)
  • Type of Claim / Jurisdiction
    Discrimination and Equality
Issues covered: Disability Discrimination; Definition of Disability; Indirect Discrimination

The claimant/appellant claimed that she had been indirectly discriminated as a result of her disability.  Whilst she had a facial disfigurement and depression, which would be regarded as disabilities she based her claim on diplopia (double vision).   The appellant corrected this double vision using contact lenses but this was regarded as ‘cosmetically unattractive’ as it blacked out the eye. 

The question for the Employment Appeals Tribunal was whether this was a disability under the definition given to disability in Schedule 1, Para 5 of the Equality Act 2010 (Schedule 1, Para. 6 of the Disability Discrimination Act 1995 in Northern Ireland).  This states that

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This article is correct at 25/06/2019

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Jason Elliott BL

The main content of this article was provided by Jason Elliott BL. Email

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