Disability: Back Pain

Disability

Infrequent back pain

Case Swan v LF Beauty (UK) Ltd (2013) Eq Opp Rev 242:29, Bristol ET

Facts S, an employee of LF, was required to wear safety shoes. She complained that the shoes worsened her sciatica, which she described as occurring two or three times a year, and lasting for between one and two weeks. She resigned and complained of disability discrimination.

Decision 1. The claim failed.

2. Sciatica or back pain did not amount to a disability where the bouts of back pain were infrequent and short-lived. Occasional episodes of acute back pain are a common problem for the UK population generally. The effect in this case was minor or trivial.