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

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll