Disability

Case 9: The facts

Ms Patel, a teacher, suffered myelitis (spinal cord inflammation) between February and December 2005. By January 2006 she developed a secondary myofacial pain syndrome (painful muscular trigger points).

She returned to work in June 2006, but had an accident that September that triggered a relapse. At no point could a doctor say that the myofacial pain syndrome was likely to last at least 12 months, but added on to the myelitis, together they may have lasted more than 12 months. Ms Patel had to prove she had a disability as defined in the Disability Discrimination Act 1995. The employment tribunal said that she did not, because neither impairment was likely to last at least 12 months. Ms Patel appealed.

The ruling

The Employment Appeal Tribunal upheld the appeal. It said that where a second illness or condition develops from the original illness or condition, the likely duration of each can be added together for the purposes of disability definition.The case was sent back to the employment tribunal .

Patel v (1) Oldham Metropolitan Borough Council (2) The Governing Body of Rushcroft Primary School UKEAT/0225/09; [2010] IRLR 280, ECJ