Monitoring the Disability Discrimination Act (DDA) 1995 - Centre for ...

on the applicant/claimant’s ability to perform day-to-day
activities will become substantial either by statistical
evidence or by individual medical evidence. It has been
established, however, that symptoms resulting from
treatment for a progressive condition, rather than from the
condition itself, suffice to meet the definition.
■ Medical evidence: Cases on definition of disability
continue to demonstrate the crucial role played by
detailed medical evidence. It has been made clear,
however, that it is not the duty of tribunals to obtain
medical evidence or ensure that the parties obtain it.
2.3.2 Part II DDA: employment provisions
Several recent decisions clarify the scope of the employment
provisions. In particular:
■ Post termination discrimination: The employment
provisions may apply to post-termination discrimination
where, on the facts of the case, a continuing employment
relationship can be shown to exist.
■ Statutory office holders and applicants for statutory office:
the provisions do not apply to these groups.
■ Constructive dismissal: A recent ruling by the EAT that
‘dismissal’ in the Act includes constructive dismissals has
thrown doubt upon an earlier decision and left the scope of
the term uncertain.
■ Trade organisations and qualifying bodies: It has been
decided that bodies which grant professional
qualifications are not bound by the Act as they are by sex
and race discrimination legislation. Neither is the General
Medical Council a professional organisation for the
purposes of the Act. The Government has, however, since
agreed that the Act should be amended to apply to
qualifying bodies.
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