In the course of discrimination claims, a preliminary hearing was scheduled to decide whether the claimant was disabled for the purposes of the claim. The judge concluded the claimant had an impairment that had a substantial impact on her ability to carry out normal day-to-day activities but the effect was not long-term.

This appeal concerned whether the tribunal erred in law in assessing the question of long-term effect. Gavin Mansfield KC, sitting as a Deputy High Court judge, notes it was agreed the ET had erred in taking in the effect of the dismissal on the impairment. He then goes on to decide that the tribunal had erred in law, noting that the threshold for likelihood is a low one, and remitted the question of whether Claimant’s impairment as at the date of each relevant act of discrimination was likely to last for at least 12 months.