Work disability - This article provides guidance on what constitutes "normal day-to-day activities" when assessing whether an employee has a disability under the Equality Act 2010 (EqA 2010). The scope covers the common examples of such activities as outlined in the statutory guidance and relevant case law.
The list of common activities
· shopping
· reading and writing
· having a conversation or using the telephone
· watching television
· getting washed and dressed
· preparing and eating food
· carrying out household tasks [hoovering, wiping, emptying dust bin]
· walking and travelling by various forms of transport [ including driving]
· taking part in social activities [ going out, making appointments on your own]
It should be noted that this is not an exhaustive list, but rather provides a common understanding of the types of activities that would be considered "normal day-to-day activities" by an Employment Tribunal when assessing disability.
Legal Standards/Rules The EqA 2010 defines disability as a:
a) physical or mental impairment, that
b) has a substantial and long-term adverse effect on a person's ability to carry out normal day-to-day activities – here you will find circumstances when ‘’substantial and long-term’’ does not to be shown > > >
Part 2: Guidance on matters to be taken into account in determining questions relating to the definition of disability. The statutory guidance on matters to be taken into account in determining questions relating to the definition of disability provides examples of what would generally be considered normal day-to-day activities.
In addition to the household and personal care activities listed above, the guidance notes that ‘’normal day-to-day activities’’ can also include general work-related activities and study/education-related activities such as:
· interacting with colleagues
· following instructions
· using a computer
· driving
· carrying out interviews
· preparing written documents, and
· keeping to a timetable or shift pattern
Analysis
The list of activities provided in the query aligns with the examples given in the statutory guidance as to what would typically be considered ‘’normal day-to-day activities’’ for the purposes of assessing disability under the EqA 2010
These cover routine personal care tasks like:
· washing and dressing
· household responsibilities like shopping and food preparation, as well as;
· the ability to engage in common leisure pursuits like watching television or socialising
However, it is important to note that this list is not exhaustive, and the guidance explicitly states that ‘’normal day-to-day activities’’ can extend to work and education-related tasks. The other important thing is that, on the other hand work related impairments must extend into daily-living activities.
Disability?
An individual's impairment may substantially impact their ability to perform job duties like operating equipment, following a schedule, or producing written work - factors that would need to be considered alongside household and personal care activities.
Ultimately, while the examples provided give a common understanding, the assessment is highly fact-specific and will depend on the nature and extent of the individual's particular impairment. The Employment Tribunal will closely examine medical evidence and the statutory guidance when determining if the impairment has a substantial adverse effect on the person's overall ability to go about their normal daily routine and responsibilities.
Conclusion
In summary, the activities listed in the query such as shopping, household tasks, personal care, leisure activities like television/socialising, and using transportation align with the types of "normal day-to-day activities" that would be considered when assessing disability under the EqA 2010. However, this list is not comprehensive, as work duties, education requirements, and other routine tasks may also be relevant depending on the specific impairment and circumstances of the individual case. The Employment Tribunal will make its determination based on the statutory guidance, medical evidence, and the substantial adverse impact on the person's overall ability to carry out their normal daily activities and responsibilities.
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