Introduction

All Answers Ltd v. W & Anor ([2021] EWCA Civ 606) is a pivotal case adjudicated by the England and Wales Court of Appeal (Civil Division) on April 30, 2021. The case revolves around disability discrimination claims filed by Mr. W and Ms. R against their employer, All Answers Ltd. The crux of the dispute centers on whether the claimants' mental impairments had a "long-term" adverse effect on their ability to perform day-to-day activities at the time of the alleged discriminatory acts in August 2018, as defined under Section 6 and Schedule 1 of the Equality Act 2010.

The Employment Appeal Tribunal (EAT) initially dismissed the appeal, siding with All Answers Ltd, which argued that the Employment Tribunal had erred by not assessing the long-term impact of the claimants' impairments at the time of the discriminatory acts. However, the Court of Appeal overturned this decision, setting a new precedent regarding the assessment of long-term effects in disability discrimination cases.

Summary of the Judgment

The Employment Tribunal initially determined that both Mr. W and Ms. R were disabled persons under the Equality Act 2010, acknowledging their mental impairments and the substantial adverse effects on their daily activities. All Answers Ltd appealed this decision, contending that the Tribunal failed to consider whether these impairments were likely to last for at least twelve months at the time of the alleged discriminatory actions in August 2018.

The EAT upheld the Tribunal's decision, suggesting that remitting the case back was unnecessary. However, upon appeal, the Court of Appeal found that the Employment Tribunal had indeed neglected a critical aspect of the statutory definition of disability: assessing the long-term nature of the impairment effect at the specific time of the alleged discrimination. Consequently, the Court of Appeal allowed the appeal, remitting the case back to the Employment Tribunal for reassessment.

Analysis

Precedents Cited

The judgment extensively referenced prior case law to contextualize the legal standards applied. Notably, McDougall v Richmond Adult Community College [2008] EWCA Civ 4 was pivotal in establishing that tribunals must assess the likelihood of an impairment's long-term effect based on the facts existing at the time of the alleged discrimination, not influenced by subsequent events. Additionally, references to Boyle v SCA Packaging Ltd. [2009] UKHL 37 clarified the interpretation of "likely" in the context of long-term effects.

Legal Reasoning

The Court of Appeal emphasized that under Section 6 and Schedule 1 of the Equality Act 2010, a person is considered disabled if their impairment has a substantial and long-term adverse effect on their ability to carry out day-to-day activities. Crucially, "long-term" is defined as effects that are likely to last for at least twelve months from the date of the alleged discriminatory act.

The Court scrutinized the Employment Tribunal's approach, noting that the Tribunal assessed the disability status based on the circumstances at the time of the preliminary hearing (October 2019) rather than at the time of the alleged discrimination (August 2018). This temporal misalignment led to an inaccurate application of the legal standard, as the likelihood of long-term effects should be gauged based on the claimant's situation at the specific time of discrimination.

Impact

This judgment sets a significant precedent by clarifying that tribunals must anchor their assessment of the long-term nature of an impairment to the factual context existing at the time of the alleged discrimination. Future disability discrimination cases will be influenced by this ruling, ensuring that evaluations are temporally accurate and legally compliant. Employers and legal practitioners must now be more diligent in documenting and presenting evidence that reflects the claimant's condition and its expected duration precisely at the time discriminatory acts occurred.

Complex Concepts Simplified

Long-Term Effect

Under the Equality Act 2010, for an impairment's effect to be considered "long-term," it must be likely to last at least twelve months from a specific point in time—in this case, the dates of the alleged discrimination. "Likely" means that, based on existing circumstances at that time, there is a reasonable expectation that the impairment will endure for the stipulated period.

Substantial Adverse Effect

An effect is deemed "substantial" if it goes beyond minor or trivial impacts on a person's ability to perform everyday activities. This determination involves assessing how significantly the impairment hinders the individual's daily functioning.

Reasonable Adjustments

Employers are obligated to implement reasonable changes or accommodations to mitigate the adverse effects of a disability on an employee. Failure to make such adjustments can constitute discrimination under the Equality Act 2010.

Conclusion

The Court of Appeal's decision in All Answers Ltd v. W & Anor underscores the necessity for precise temporal alignment in assessing disability claims under the Equality Act 2010. By mandating that the likelihood of an impairment's long-term effect be evaluated based on the circumstances at the time of the alleged discrimination, the judgment ensures a fairer and more accurate determination of disability status. This ruling not only rectifies the procedural oversight in the Employment Tribunal's approach but also fortifies the legal framework safeguarding disabled individuals from discrimination in the workplace.

Stakeholders, including employers and legal professionals, must heed this clarification to ensure compliance with the statutory requirements and to uphold the rights of disabled persons in employment settings. The case serves as a critical reference point for future litigation, emphasizing thorough and contextually relevant assessments in disability discrimination claims.