Mr Aderemi was an assistant at a railway station in London. His job required him to stand for long periods - about nine hours - at a time. This affected his back. He was assessed by an occupational health doctor who concluded that his mobility was significantly restricted, he was in a lot of discomfort and was unlikely to be able to return to his job in the foreseeable future.
Mr Aderemi was dismissed for capability and claimed unfair dismissal and disability discrimination.
The question of whether or not Mr Aderemi was disabled reached the Employment Appeal Tribunal (EAT) after the original tribunal found against him on that point. The tribunal had held that his impairment did not have a substantial, adverse effect on his ability to carry out normal day-to-day activities and so he wasn't disabled. In reaching that decision, the tribunal concentrated on the things Mr Aderemi could still do.
The EAT held that the tribunal had looked at this the wrong way round. Rather than taking into account what Mr Aderemi could do, it ought to have considered the things he couldn't do. These included bending, lifting and standing around for 30-minute periods, all of which may have brought him within the definition of disabled.
The case was sent back to the tribunal to be re-heard.
Mr Aderemi was dismissed for capability and claimed unfair dismissal and disability discrimination.
The question of whether or not Mr Aderemi was disabled reached the Employment Appeal Tribunal (EAT) after the original tribunal found against him on that point. The tribunal had held that his impairment did not have a substantial, adverse effect on his ability to carry out normal day-to-day activities and so he wasn't disabled. In reaching that decision, the tribunal concentrated on the things Mr Aderemi could still do.
The EAT held that the tribunal had looked at this the wrong way round. Rather than taking into account what Mr Aderemi could do, it ought to have considered the things he couldn't do. These included bending, lifting and standing around for 30-minute periods, all of which may have brought him within the definition of disabled.
The case was sent back to the tribunal to be re-heard.
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