Meaning of disabilityHow does an employee's condition meet the definition of disability? Line manager briefing: disability discrimination Disability discrimination - long-term effect
BackgroundIn a disability discrimination claim, the claimant must have a disability as defined in the Equality Act 2010 for his or her claim to proceed. Under the Act, an individual is disabled if:
- he or she has a physical or mental impairment; and
- the impairment has a substantial and long-term adverse effect on the individual's ability to carry out normal day-to-day activities.
FactsMr Banaszczyk was employed by Booker Ltd as a “picker” in a distribution centre. His job involved choosing and loading cases of goods (weighing up to 25kg) onto a pallet truck by hand. Workers have to meet an hourly target “pick rate”. In February 2009, Mr Banaszczyk was involved in a car accident that resulted in an injury to his spine. His injury caused him lower back pain and led to absences from work. In 2012, Mr Banaszczyk was referred to occupational health, which concluded that he:
- had long-term back pain;
- was unable to reach his target picking speed; and
- might have further absences from work.