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29 April 2016 / Charles Pigott
Issue: 7696 / Categories: Features , Employment
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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

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MOVERS & SHAKERS

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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