header-logo header-logo

29 April 2016 / Charles Pigott
Issue: 7696 / Categories: Features , Employment
printer mail-detail

A matter of interpretation

Are we moving closer to a social model of disability, asks Charles Pigott​

The decision of the Employment Appeal Tribunal (EAT) in Banaszczyk v Booker Ltd EAT/0123/15 concerns an employee who was dismissed on capability grounds after a car accident had left him with spinal injuries.

His job involved selecting and loading cases of goods weighing up to 25kgs. Prior to his accident he was able to keep up with the required pick rate, which had been agreed with the recognised trade union. After his accident he could only meet the required speed for half the time.

His disability discrimination claim was dismissed by the employment tribunal because it decided that “picking” was not a normal day-to-day activity. It followed that Mr Banaszczyk did not meet the statutory definition of a disabled person. This decision has now been reversed by the EAT.

What are normal day-to-day activities?

The definition of a person with a disability in s 6 of the Equality Act 2010 (EqA 2010) requires a potential claimant not only to establish

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

University of Manchester: The LLM driving tech-focused career growth

University of Manchester: The LLM driving tech-focused career growth

Manchester’s online LLM has accelerated career progression for its graduates

mfg Solicitors—Philip Chapman

mfg Solicitors—Philip Chapman

Regional firm strengthens corporate team with partner hire

Winckworth Sherwood—Sarbjeet Gill

Winckworth Sherwood—Sarbjeet Gill

Firm boosts real estate development team with partner hire

NEWS
Swedish company Oatly has lost its bid to trademark the term ‘post milk generation’, after the Supreme Court ruled unanimously in favour of the dairy industry trade association, Dairy UK
It is possible to obtain a UK patent for an artificial intelligence (AI) machine which uses artificial neural networks (ANNs), the Supreme Court has held
The current state of geopolitics is so volatile it is ‘fundamentally reshaping’ the role of general counsel, according to a report by a global network of law firms
The High Court has clarified how winding-up petitions must be served, in a decision with implications for 30,000 UK businesses using the Companies House default address for official mail
The ‘statutory remit’ of super-regulator the Legal Services Board (LSB) is to come under scrutiny in a government review
back-to-top-scroll