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What does “every day activities” include?

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What does “every day activities” include?


Banaszczyk v Booker

 

Background

 

Being ‘disabled’ for the purposes of employment law is a legal definition, not a medical one and means having an impairment that has a substantial and long-term adverse effect on an employee’s ability to carry out ‘normal, day to day activities’. The guidance to the Equality Act 2010 suggests that the expression ‘normal day to day activities’ should be interpreted as meaning ‘things people do on a regular or daily basis’. However this recent case decided that the particular workplace activities of the individual should also be considered.

 

Mr Banaszczyk was employed as a warehouse picker. His duties included loading cases of goods which could weigh as much as 25kg. Following a car accident he had difficulty lifting heavy loads. As a result, his ‘pick rate’ fell below what the employer had set as an acceptable standard. Subsequent medical reports suggested he might not be able to reach the pick rate within the foreseeable future. Mr Banaszczyk was dismissed on grounds of capability. He brought a claim of disability discrimination but his employer disputed he was disabled.

 

Decision

 

It was held that Mr Banaszczyk WAS disabled. It was clear that the impairment that had resulted from the car accident caused him difficulties in lifting heavy weights. It had been shown that he was substantially slower than other warehouse pickers. The employer’s argument that the impairment did not impact on his ‘normal day to day activities’ was rejected. The key issue was that it was part of his daily duties.

 

Comment

 

Employers now need to be careful as this decision highlights that workplace activities are to be considered as ‘normal day to day activities’ even though such activities may not be ‘normal’ for everyone. The test may be more appropriately considered as being whether the impairment impacts on the ability of the person to partake in professional life. The focus should be upon the impact on the individual – it is not to show disadvantage compared with the population as a whole. In practical terms clearly the employer should have considered whether there were reasonable adjustments that could have been made to his role. 



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