Disability judged at date of hearing not date of alleged discriminatory act

• Author:
• Nicole Hallegua

Under the Disability Discrimination Act 1995 (the DDA) a person has a disability if:


“…he has a physical or mental impairment which has a substantial and long-term effect on his ability to carry out normal day-to-day activities.”


In the recent case of McDougall v. Richmond Adult Community College the EAT considered how tribunals should assess the likelihood of recurrence of an impairment.

Ms McDougall had a history of mental illness. In November 2001 she was secti... (282 more words)

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