“Day-to-Day Activities” Definition Clarified
The Employment Tribunal has recently clarified the definition of “day to day activities” within disability discrimination legislation.
A disability is defined within the Equality Act 2010 as a physical or mental impairment which has a substantial and long-term adverse effect on the person’s ability to carry out normal day-to-day activities.
Mr Banaszczyk was employed as a picker in a distribution centre; his role required him to lift and move goods up to 25kg.
In the first instance, the Employment Tribunal held that Mr Banaszczyk did have a long-term impairment but that it did not have a substantial effect on his carrying out normal day-to-day activities, in that his lifting did not amount to day-to-day activities.
The matter was appealed to the Employment Appeal Tribunal and His Honour Judge David Richardson held “this is, in the context of work, a normal day-to-day activity: no-one with any knowledge of modern UK life 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 concerned with warehousing and distribution.”
Accordingly the appeal was allowed and Mr Banaszczyk was held to have a disability within the meaning of the Equality Act 2010.