“Day-to-Day Activities” Definition Clarified

Mar 10, 2016
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.

Gemma Dudmish

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Gemma Dudmish

Gemma joined Nockolds in September 2013 and is an Associate in our Commercial and Property Litigation Team. Before joining the firm Gemma studied law at ...

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