Day to Day Activities
Warehouse work, such as manually lifting and moving cases of up to 25 kg, were ‘normal day-to-day activities’ for the purposes of disability under the Equality Act 2010 according to the EAT in Banaszczyk v Booker.
The Claimant was a picker in a distribution centre and , had been found not to be disabled at a tribunal hearing as the impact of the condition 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 work generally, including warehouse work. The Claimant was therefore a disabled person on these facts given the tribunal had accepted the medical evidence.
The EAT also 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.