header-logo header-logo

A matter of interpretation

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

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

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
back-to-top-scroll