Progressive conditions

Case 5: The facts

Mr Grimley had cancer, a progressive condition. The effect on his day-to-day activities was minor for the first 12 months, but became substantial after he had to have surgery.

The Employment Appeal Tribunal (EAT) had to decide whether he met the definition of someone with a disability.

The ruling

The EAT held that, under the provisions on progressive conditions in section 8 of Schedule 1 of the DDA, Grimley did have a disability. If someone with a progressive condition suffers adverse effects that are not substantial but are likely to become substantial in the future, the adverse effect on their day-to-day activities is deemed to be substantial from the day that any effects begin.

The whole period is taken into account when assessing whether the adverse effects last or are likely to last for a period of 12 months.

Grimley v Turner & Jarvis UKEAT/0967/03