Posted by Gemma Ospedale, Partner
On 1 September 2016 Withy King LLP merged with Royds LLP. The trading name for the merged firm is Royds Withy King. All content produced prior to this date will remain in the name of the firms pre-merger.
Day to day activities in disability discrimination
In Banaszczyk v Booker the EAT has overturned a Tribunal decision that manual lifting of items weighing up to 25 kilograms at work was not a normal day to day activity.
The Claimant was a picker in a distribution centre. He was found not to be disabled at a Preliminary Hearing because the Employment Judge, although accepting medical evidence about his 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 heavy items – which the Judge did not consider was a normal day to day activity.
The EAT disagreed, and noted that the scope of “normal day to day activities” extended to warehouse work and work generally. As such, on the evidence which was accepted by the Tribunal, the only possible conclusion was that the Claimant was disabled.
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