Mrs F Nissa v Waverly Education Foundation Ltd [2019]
Decision Number: UKEAT/0135/18/DA Legal Body: Employment Appeal Tribunal (England & Wales)
Published on: 06/03/2019
Issues Covered:
Article Authors The main content of this article was provided by the following authors.
Appellant:
Mrs F Nissa
Respondent:
Waverly Education Foundation Ltd
Summary

The EAT held that the tribunal erred in finding a science teacher with fibromyalgia was not disabled under the Equality Act 2010, and remitted the case for rehearing.

Background

The claimant worked for the respondent as a science teacher. She suffered from a physical impairment, ultimately diagnosed as fibromyalgia, together with mental distress. She argued her condition had a substantial and long-term adverse effect on her ability to carry out normal day-to-day activities. The tribunal had to determine whether the claimant’s impairment amounted to a disability for the purposes of the Equality Act 2010 (the DDA 1995 applies in Northern Ireland). The tribunal held that the claimant’s impairment could not be deemed ‘long-term,’ and even if it had, in

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 06/03/2019