Tests for disability and anonymity considered by EAT

In Olukanni v John Lewis  Devereux’s Oliver Hyams and Georgina Hirsch battled over two novel issues concerning the definition of disability, and the procedure for obtaining anonymity for a disabled claimant. The first concerned the correct approach to determining ‘whether someone a person with a medically recognised communication disorder is necessarily disabled for the purpose of the Equality Act 2010. The second concerned an application for a restricted reporting order, establishing (i) that evidence of a potentially embarrassing communication disorder is not enough, in itself, to merit such an order, and (ii) considering the correct procedure where such an order had not been applied for below.

Georgina Hirsch acted for John Lewis.

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