Our Housing team are delighted following a formal tender procurement process to have been appointed to three lots under the new multi-million-pound legal services framework for The Riverside Group.
The EAT decided that a warehouse worker, who had difficulty lifting up to 25kg, was disabled for the purposes of the Act.
Mr Banaszczyk worked in a distribution centre and was employed to lift and move cases by hand for loading onto pallet trucks. A long term back condition meant that he could not lift items at work of up to 25kg but was able to do other certain day to day activities, such as carry a bag of shopping. Mr Banaszczyk was dismissed on the grounds of capability as he could not achieve the standards of work set by his employer for lifting certain items.
The Employment Tribunal found that this condition did not have a substantial adverse effect on his ability to carry out normal day to day activities as its impact was limited to manual lifting of items up to 25kg at work, thus was not a ‘normal day to day activity’ for the purposes of the Equality Act. The EAT disagreed. They considered that modern UK working requires many employees to lift heavy items of up to 25kg across a range of occupations. They suggested that employers should look at the activity itself, which in this case was the lifting and moving of cases and it was clear that Mr Banaszczyk’s ability to do lifting and carrying at work was impaired because of his back condition.
The decision is surprising. There are likely to be a number of people who would struggle to lift 25kg, but would not normally be regarded as disabled within the meaning of the Equality Act. In addition, guidance to the Act on matters to be taken into account in determining disability says that an inability to move heavy objects without assistance or mechanical aid, such as moving large suitcases or a heavy piece of furniture, would not be a day to day activity.
Consequently, watch this space for a further appeal on this decision. In the meantime, employers should bear this decision in mind if an employee is struggling to perform tasks for a health related reason.
For more information
Please contact Kate Watkins for information or advice on employment issues.
Necrotising Fasciitis, more commonly known as the ‘flesh-eating disease’, is a significant medical condition that requires urgent treatment.
Many of us who have been following the unfolding Inquest, are not surprised that the Coroner found gross and significant failures on the part of those caring for him.
Transferring out of SHPS will not be suitable for every housing association. So what should housing associations do?
In all the action to remove defective cladding, leaseholders have been the elephant in the room. Whilst social landlords might have adopted a wait and see approach private landlords do not have that luxury.
We welcome the Labour Party’s commitment to doubling the size of the co-operative economy. We wholeheartedly support the ambition to grow this vitally important part of the economy.
It was first referred to in the Charities Act 2006 (which was subsequently replaced by the Charities Act 2011) but it has finally been announced that charitable companies are able to convert to a charitable incorporated organisation (“CIO”).
The Private Members Bill Homes (Fitness for Human Habitation and Liability for Housing Standards) Bill 2017-19 now has Government support and was debated at second reading on Friday 19 January 2018.
In short - yes. This is a common question in personal injury or clinical negligence claims and has recently come before the High Court in judicial review proceedings.
GDPR The General Data Protection Regulations (GDPR) will come into force on 25 May 2018 and bring changes to the rules governing data protection and the requirements placed on organisations which control or process personal data.
To receive invitations to our events, as well as information and articles on legal issues and sector developments that are of interest to you, please sign up to Newsroom.