Defining disability

Case 2: The facts

Valentina Valkova was offered a job as a medical advisor. At the time she told her prospective employers that she had a small weakness in the right hand. Her job involved a lot of handwriting and her condition deteriorated. She went off sick and never returned to work. After more than a year her employment was terminated. She unsuccessfully appealed against the decision.

The ruling

The EAT made no findings on whether RSI was a clinically-recognised condition. However, it upheld the view of the employment tribunal that, in this case Valkova was not disabled within the meaning of the Act. The tribunal had based its decision on conflicting evidence and was entitled to chose between this.

Valkova v Department of Work and Pensions EAT/0442/02