• In the case of Banaszczyk v Booker the Employment Appeal Tribunal decided that lifting and moving weights up to 25kg was a “normal day to day activity”.

    The employee worked as a warehouse operative and brought a claim on the basis that he had a disability; a long-term back condition which impacted on his ability to lift heavy weights. Initially, it was decided that lifting of this sort was not a “day to day activity” meaning he was not considered to be disabled.

    The Employment Appeal Tribunal disagreed and concluded he did have a qualifying disability. Although distinctions were made with other work requirements, employers need to be careful when considering the impact of an individual’s health condition on their ability to carry out work tasks. It can no longer be assumed that just because the activity is carried out at work does not mean that the definition of disability cannot be satisfied.

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