Legal News

It can be a mistake to focus too much on when a condition was diagnosed.

The claimant, a teacher, had an impairment since December 2015. However it was only diagnosed as fibromyalgia in August 2016.

The EAT held that the employment tribunal had wrongly focused on the late diagnosis of the condition rather than on the impairment, and had adopted a narrow view rather than looking – as at the relevant time and on a broader view of the evidence available – at the risk that the substantial effects of the impairment ‘could well’ continue so as to last 12 months.

The case is Nissa v Waverly Education Foundation, EAT 2018

More: Disability: ‘Long-term effect’>12 month requirement.