The Employment Appeal Tribunal (EAT) has ruled that assessment of whether someone is disabled needed a 180-degree shift of focus.
It follows a tribunal case involving a station assistant, who developed back problems that prevented him from standing for long periods – a central part of his job. He was sacked by London & South East Railway, and claimed unfair dismissal and disability discrimination.
The tribunal threw out his claims, on the grounds that his back problem didn’t stop him doing normal day-to-day activities, and presented a list of things he could still do. On appeal, the EAT ruled that the tribunal had tackled the case from completely the wrong angle. In its view, tribunals should focus on what the claimant can’t do, not what they can.0
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