Under the Equality Act 2010 it is unlawful for employers to discriminate against disabled employees. The first hurdle for any employee alleging disability discrimination is to establish that they are ‘disabled’ under the Act.
The Act defines a disability as a physical or mental impairment which has a substantial and long term adverse effect on an individual’s ability to carry out normal day to day activities. Therefore, one of the key questions when applying this definition is what amounts to a ‘normal day to day activity?’
In the case of Banaszczyk v Booker the Employment Appeal Tribunal (EAT) found that a back condition amounted to a disability, in part because lifting and loading heavy cases onto a pallet truck as part of the Claimant’s job was deemed to be a ‘normal day to day activity’.