The EAT has stated that when deciding whether an impairment is long-term for the purpose of the DDA, it is necessary to consider the effect of an illness which is likely to develop or has developed from another illness in deciding whether the original impairment is likely to last longer than 12 months.

In this case the employee suffered from back pain which then developed into leg pain. The EAT found that consideration should have been given by the tribunal as to whether the secondary symptom had developed from the first and therefore that the two ailments should have been added together in determining whether the long-term criteria had been fulfilled.

Patel v Oldham MBC