Commission wins first disability case

The Disability Rights Commission has won its first case in the Court of Appeal, using powers to back individual cases granted when it was set up in April.

Mr Kapadia suffered serious depression when working as a senior accountant for the London Borough of Lambeth and was retired on medical grounds in 1997. Last month the Court of Appeal upheld a decision by the employment appeal tribunal (EAT) that he was disabled under the Disability Discrimination Act.

The EAT had overturned an earlier decision by an employment tribunal which had rejected his claim for unfair dismissal and discrimination on grounds of disability.

The judges in the case ordered future tribunals to consider whether someone is disabled at the time of the alleged discrimination, not at the time of the trial. This is likely to help people, such as those with mental health problems, whose disability fluctuates. Mr Kapadia said: "I would urge anybody with a mental health problem who thinks they are being discriminated against to seek help and support in their case".

His case will now be referred back to the employment tribunal for judgement.