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You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> Cruickshank v. Vaw Motorcast Ltd [2000] UKEAT 645_00_0111 (1 November 2000) URL: http://www.bailii.org/uk/cases/UKEAT/2000/645_00_0111.html Cite as: [2002] ICR 729, [2000] UKEAT 645_00_0111, [2000] UKEAT 645__111, [ [2002] ICR 729, [2002] IRLR 24 |
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At the Tribunal | |
Before
THE HONOURABLE LORD JOHNSTON
MR J R CROSBY
LORD DAVIES OF COITY CBE
APPELLANT | |
RESPONDENT |
Transcript of Proceedings
JUDGMENT
PRELIMINARY HEARING – EX PARTE
For the Appellant | MARY STACEY (of Counsel) Appearing under the Employment Law Appeal Advice Scheme |
LORD JOHNSTON: This is a preliminary hearing in the appeal by the appellant employee against the decision of the Employment Tribunal finding that he was not a disabled person within the meaning of the Disability Discrimination Act 1995 and furthermore had not been unfairly dismissed from his employment with the respondents.
"… The Tribunal therefore considered the evidence up to that point and concluded that they had not heard sufficient evidence on the Applicant's difficulties in respect of his day-to-day activities to be able to say that he had shown on the balance of probabilities that he was a disabled person within the meaning of the Act. Whilst he clearly does have a medical condition and that does impact on his daily life, the examples he was able to give us of the way in which he is impeded by his asthmatic complaint were not such as to be a substantial adverse effect preventing him from carrying out those activities which most people to every day. The Applicant can walk a mile, although with some difficulty and that is the only example which he gave us of those which most persons do regularly. We do not regard do it yourself activities and car maintenance as examples of normal day-to-day activities. They are activities which are normal and they are activities which are done by many people regularly but they are not done by most people or carried out by most people on a daily or frequent and fairly regular basis."
"(15) The Applicant has a 20% assessment from the DSS relating to his ill health. He gave evidence to us and we accept this evidence that he does have difficulty breathing. The examples he gave of the daily problems he encountered, related not being able to run for say the length of the Tribunal corridor without becoming breathless, not being able to take the dog for a walk for longer than a mile without becoming breathless, not being able to do do-it-yourself activities like sawing wood off the bottom of a door and not being able to practise car maintenance. When asked specifically by the Chairman what his difficulties would be if he did not take his medication, the examples he gave were similar to the ones outlined above."