Blindness in right eye is not a disability

In London Borough of Redbridge v Baynes [EAT/0293/09], Mrs Baynes’ manager changed her job duties when she became blind in her right eye. Mrs Baynes resigned and made a disability discrimination claim.

During the tribunal case, Mrs Baynes repeatedly stated in writing that:

• She was not a disabled person.
• The blindness in her right eye was treated as a disability by her manager.
• Moorefields Eye Hospital had certified in writing that she was fully fit to perform her normal job duties.

The EAT held that Mrs Baynes was not a disabled person for the purposes of the Disability Discrimination Act 1995 – because she had conceded that she was not a disabled person – and there was no medical evidence to show that she was a disabled person.

The EAT added that Mrs Baynes was not entitled to withdraw her concession because it was a clear and informed concession. It was an informed concession because she had received legal advice before and during the tribunal case.

Comment: Perceptive Discrimination

Under s. 13 of the Equality Act 2010 (EA) - Mrs Baynes may have argued that her less favourable treatment was due to her manager’s perception that she was disabled regardless of whether the manager's perception is right or wrong.

Section 13 of the EA 2010 is expected to come into force in October 2010.