The EAT has again stressed the important of EU law in deciding what is a ‘disability’.
In Banaszczyk v Booker Ltd www.bailii.org, the Employment Appeal Tribunal has held that lifting and moving cases which weighed up to 25kg, in wholesale quantities, was a normal day-to-day activity. The claimant’s impairment meant he was significantly slower at the task, so he had a disability.
The court applied cases based on EU law saying that ‘disability’ includes a long-term limitation resulting from impairments which in interaction with various barriers may hinder full and effective participation in professional life.
Examples in the British statutory guidance on what does not count as a disability may need to be tested against this EU law approach.