“…In McDougall v Richmond Adult Community College [2008] EWCA Civ 4; [2008] ICR 431 the Court of Appeal had to consider the phrase “likely to recur” in para. 2(2) of Sch. 1 to the 1995 Act. In reversing the decision of the EAT, this Court held…”
“…The respondent appealed to the EAT. The EAT referred to the decision of the Court of Appeal in McDougall v Richmond Adult Community College [2008] EWCA Civ 4, [2008] ICR 431, as authority for the proposition that the employment tribunal should have determined whether the impairment existed at the time of the acts of alleged discrim…”