This case involved an appeal by an employee against a decision of an employment tribunal who dismissed his claims of Unfair Dismissal and disability discrimination against his employer. The appellant had been employed as a station attendant at London Bridge Station. His role required him to stand on his feet for substantial periods during his nine-hour shifts. The prolonged standing appeared to have affected his back, causing him lower back pain. The employee was dismissed for reasons of capability, after he claimed to have great difficulty performing the ordinary contractual duties of his post. He consequently claimed that the dismissal amounted to discrimination under the Equality Act 2010 and was unfair.

To establish unfairness under the Act, the employee