Definition of disability

Case 5: The facts

Wallace Millar suffered eye problems and head and neck ache following a fall at work. Medical tests could find no physical or psychological cause.

The ruling

The Employment Appeal Tribunal held that, even though there was no dispute that Millar had those symptoms, if there was no medical basis for his condition he was not disabled for the purposes of the DDA. To meet the definition of a disability under the DDA, there must be medical evidence of a mental or physical impairment.

Millar v Commissioners of Inland Revenue EATS/0022/04