How the law has worked for specific conditions

Because each case is individual, reps should be cautious about how they use tribunal and other legal judgments to assist their members. Also, they should be aware that tribunals do get it wrong, as demonstrated by the cases referred to in this guide that have been successfully appealed. Reps should equally not be deterred by employers brandishing case decisions as “evidence” that a member is not disabled. The decisions of employment tribunals (so-called “first instance” decisions because this is where the cases are first heard) are in any case not binding on any other tribunal.

With those caveats in mind, decided cases can be extremely useful in demonstrating how to put together the evidence and what points to include. And decisions of the appeal courts (EAT and higher) establish general points of principle that tribunals must follow.

It is worth looking at how tribunals have approached the definition of disability in respect of some specific conditions.