EAT Disability Discrimination : Disability – ET decided that a station attendant, who had to be on his feet for most of the day and who had developed a back condition which precluded this, and was dismissed as a result of a lack of capability, was not disabled because the impairment caused by his condition did not have a substantial adverse effect upon his ability to do normal day-to-day activities. To do so, it appeared to concentrate on those activities which he could do, rather than those he could not; and may well have excluded considering what he could not do at work (stand for periods of 30 minutes or so, bend, lift and carry). Held these were errors of approach.
Langstaff P J
[2012] UKEAT 0316 – 12 – 0612
Bailii
England and Wales
Employment, Discrimination
Updated: 09 November 2021; Ref: scu.468963