Legal News

Diana Kloss’s latest blog discusses the EAT decision in Elliott v Dorset County Council, which overturned a tribunal decision that the claimant’s Asperger’s Syndrome did not have a ‘substantial’ effect.

The Employment Appeal Tribunal held that the tribunal had given too much weight to wording in the Guidance on definition of disability, and not enough to the statutory test of whether effects of the impairment were more than minor or trivial.

Read the full blog: Definition of disability: guidance cannot override the statute.

The case is also dealt with on the Substantial adverse effect page of the website.