Protection under the Equality Act


A manual handling injury that has a long-term impact (lasting, or likely to last at least twelve months) on a worker’s ability to carry out day-to-day activities is likely to be a disability, entitling the injured worker to protection under the Equality Act 2010 (EA 10). In particular, the EA 10 imposes on employers a duty to make reasonable adjustments to remove the disadvantage caused by the disability. European law requires tribunals to take a broad view when interpreting “day-to-day activities”, remembering that the aim of the legislation is to facilitate disabled peoples’ ability to participate in work and daily life alongside the non-disabled.


In Banaszczyk v Booker Limited [2015] UKEAT/0132/15/RN, the Employment Appeal Tribunal ruled that for a warehouse operative, lifting and moving goods weighing up to 25kg, in part manually and in part using a pallet truck, was a day-to-day activity. “No-one with any knowledge of modern UK working life could doubt that large numbers of people are employed to work lifting and moving cases of up to 25kg across a range of occupations, including in particular occupations concerning warehousing and distribution,” noted the EAT judge. Mr Banaszczyk who suffered from chronic back pain, was a disabled person, entitled to the protection of the EA 10.


Even where an employee is not disabled, if their illness or injury is work-related, an employer should not dismiss without first investigating all alternative ways of avoiding dismissal, described by the Court of Appeal as “going the extra mile” (McAdie v Royal Bank of Scotland [2007] EWCA Civ. 806). This might include, for example, offering an alternative role, agreeing temporary or permanent changes to hours and duties, or providing access to physiotherapy. An employer who fails to take all reasonable steps to avoid dismissal where the illness or injury is work-related risks carrying out a unfair dismissal (although two years’ service would be needed for an unfair dismissal claim where the reason for dismissal is ill-health or injury, unless the employee is disabled).