In Ashton v Chief Constable of West Mercia Constabulary [2001] ICR 67 EAT, the Employment Appeal Tribunal upheld an employment tribunal's decision that a male to female transsexual dismissed due to poor performance had not been discriminated against on grounds of sex, although the poor performance was linked to the side effects of medical treatment for gender reassignment. It also upheld a finding that the employee was not disabled within the meaning in the Disability Discrimination Act 1995.