The lifting and movement of goods manually is a normal day-to-day activity (News, 5 February 2016)

Table of contents

• Impact of this judgment
• Background law
• The facts and decision of the employment tribunal
• The judgment of the EAT

Article summary

Disability under the Equality Act 2010 is any physical or mental impairment which has a substantial and long-term adverse effect on a person's ability to carry out normal day-to-day activities (including general work-related activities). It is essential to define the relevant activity broadly: care should be taken not to include in the definition the very feature which constitutes a barrier to the disabled individual’s participation in that activity. Accordingly, the lifting and movement of goods manually is a normal day-to-day activity but an employer’s 'pick rate' is not the activity. It is simply a particular requirement of the employer as to the manner and speed of performance of that activity. EAT: Banaszczyk v Booker.