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Mrs Grant contended that she was a disabled person within the meaning of the Disability Discrimination legislation. Whether she was disabled was tried as a preliminary issue and a psychiatrist was jointly instructed to report. The Joint Expert’s view was that she was not a disabled person. The Employment Tribunal heard lay witness evidence, read the joint report, and found that she was indeed disabled within the meaning of the Act.
Can the tribunal reach a finding of disability when an agreed medical expert report does not support such a finding?
The Employment Appeals Tribunal held that it could (albeit the Appeal was allowed to a limited extent on other grounds). The difficulty confronting the Employment Judge was reconciling the Expert Report with the evidence he heard from the Claimant; her husband; her son; and a friend as to her condition. He found this evidence to be compelling. The Expert’s report was summarised as follows:
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