The Employment Judge erred in law in the approach adopted to considering whether an admitted impairment had a substantial adverse effect on the ability of the Claimant to carry out day-to-day activities. The term ‘substantial’ is defined by Section 212 EqA 2010 as ‘more than minor or trivial’. If this statutory definition is met, on a consideration of the ordinary meaning of the words, that takes precedence over the Guidance and Code, including the reference to the ‘general understanding of disability as a limitation going beyond the normal differences in ability which may exist among people’. The tribunal has to consider whether the Claimant is affected to a more than minor or trivial extent in carrying out day-to-day activities (which may include work activities) as a result of the impairment in comparison to what the situation would be if the Claimant did not have the impairment.
Citations:
[2021] UKEAT 0197 – 20 – 0904
Links:
Jurisdiction:
England and Wales
Employment, Discrimination
Updated: 04 December 2022; Ref: scu.661710
