Quinlan v B & Q Plc

EMPLOYMENT APPEAL TRIBUNAL 58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS At the Tribunal On 27 January 1998 Before

JUDGE C SMITH QC : This is an application by Mr Quinlan for leave to proceed to the full hearing of his appeal against the decision of an Industrial Tribunal held at London (South) on 1 October 1997, when the Industrial Tribunal unanimously decided that the Applicant was not a person with a disability, for the purposes of the Disability Discrimination Act 1995 so that he was disqualified from bringing a complaint under the Act and accordingly, dismissed his complaint.

The Appellant has not appeared before us today. We understand that legal aid has been refused. In those circumstances we have, of course, carefully considered the Notice of Appeal and the argument set out in that document and we have carefully considered the decision of the Industrial Tribunal and, also the documents in connection with the application for a review and the reasons given by the Industrial Tribunal for refusing a review, as set out at pages 6 and 7 of the bundle.

We have also, of course, looked at and considered the Originating Application and the Notice of Appearance by the Respondents. We have reminded ourselves that, if there is any arguable point of law, the Appellant should be allowed to proceed to a full hearing.

As appears from the decision the issue before the Industrial was whether the Applicant had a physical impairment within the meaning of Section 1(1) of the Disability Discrimination Act 1995 , which has a substantial and long-term adverse effect on his ability to carry out his normal day-to-day activities.