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Legal Updates

A long road to recovery

25 January 2010 #Employment

For a disability to be covered by the Disability Discrimination Act 1995, the effects of the impairment must be long-term. "Long-term" means the condition must have lasted, or be likely to last, for at least 12 months.

Mr Patel suffered from back pain which developed into a secondary condition involving leg pain. In the original tribunal hearing, it was held that although there were two periods of physical impairment, neither lasted for, nor were likely to last for, 12 months. This was overturned by the EAT in Patel v Oldham MBC (2010), which has held that the effect of a condition developing from another condition forms part of assessment of "long term" under the DDA. As such, both conditions were taken into account and together, met the 12 months threshold.

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