What are normal day-to-day activities?
[ch 6: pages 141-142]There is no longer a statutory list of day-to-day activities. Instead, a claimant must satisfy the tribunal that their own normal day-to-day activities are adversely affected. It is what someone cannot do as a result of their impairment that must be assessed by the tribunal, not what they can do (Aderemi v London and South Eastern Railway Limited [2012] UKEAT/0316/12/KN).
Both work and non-work activities can be “normal day-to-day activities”. A work activity is normal if it is found in a range of different work situations (for example, standing for long periods, or talking on the telephone). A specialist activity such as tree climbing for a tree surgeon would probably not be a normal day-to-day activity.
The test is whether it is a normal activity for most people — not for the person concerned. For example, playing the piano to concert standard would not be a normal day-to-day activity, even though it is normal for a concert pianist.