Disability must have a "long term effect" at the time of the discriminatory acts

In order to be eligible to bring a claim for disability discrimination, an individual needs to show that they have a physical or mental impairment, which has a substantial and long-term effect on their ability to carry out normal day to day duties. "Long-term" means if it (a) has lasted for at least 12 months, (b) is likely to last at least 12 months or (c) is likely to last for the rest of the life of the person affected.

A Claimant’s recent case failed because their condition did not have a long term effect at the time of the alleged acts of discrimination, not at the time their claim was submitted.

While she could show that her claim had lasted for 12 months from the 6 September 2017, she could not before then, therefore the definition of long term was not met.

Permission was refused to remit the case to the tribunal to consider whether the claimant could show she was disabled at an earlier date on the basis that her condition was likely to last 12 months because that argument had been put before the original tribunal but had failed.

Tesco Stores Ltd v Tennant UKEAT/0167/19/00