Day to day activities in disability discrimination

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.

For further details on any of the issues covered in this update please contact Gemma Ospedale, Partner in Employment on 020 7583 2222.