Aderemi v London and South Eastern Railway Ltd - Disability focus is not on what can do, but on what cannot [2012] EAT

When determining whether or not a claimant is 'disabled', the correct approach is to focus on the things that he could not do, rather than those that he could.

Mr Aderemi was employed as a station assistant by L&SER. Following periods of sick leave after he developed severe back pain which prevented him from standing for sustained periods of time, he was dismissed for reasons of capability. Mr Aderemi claimed to have had very great difficulty in performing the ordinary contractual duties of his post. His role involved him working in the station gate line as a first point of contact for customers and checking tickets, and he had to provide a strong visible presence to passengers. He also operated the automatic gates and undertook some light duties. His role involved him being on his feet for substantial periods of the day, his shifts being of nine hours' duration.

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