Disability discrimination - meaning of 'day-to-day activities'

Banaszczyk v Booker

The Employment Appeal Tribunal (‘EAT’) has overturned an employment tribunal’s decision in this case, in deciding that ‘warehouse operations', such as manually lifting and moving cases of up to 25 kg, are 'normal day-to-day activities' for the purposes of disability under the Equality Act 2010.

The Claimant, a picker in a distribution centre, had been found not to be disabled at a preliminary hearing. The Employment Judge, having accepted medical evidence regarding the Claimant's long-term back condition, considered that it did not have a substantial adverse effect on his carrying out 'normal day-to-day activities' as its impact was limited to manual lifting of items of up to 25kg at work, which the Employment Judge regarded as not being a 'normal day-to-day' activity.

The EAT disagreed, noting that the scope of 'normal day-to-day activities' extended to warehouse work. So, on the evidence accepted by the employment tribunal, the only conclusion was that the Claimant was a disabled person.

In Practice

The EAT cautioned against regarding a work rate, such as a warehouse 'pick rate', as an impaired activity, e.g. a target of moving 210 cases per hour, but rather to look at the impairment of the activity itself, e.g. the lifting and moving of cases. Paul Burton, Employment Associate explains, " This decision follows those of earlier EAT judgments in confirming a wide definition for ‘normal day-to-day activities’."

At Frettens, all of our solicitors offer a free initial meeting or chat on the phone to answer your questions. If this article raises issues for you or your business, please call us on 01202 499255 and Kate or Paul will be happy to discuss it with you.