Under the Equality Act 2010, a disability is a physical or mental impairment that has a substantial and long-term adverse effect on the ability of a staff member to carry out normal day-to-day activities.
An ‘impairment’ is a reduction of someone’s mental or physical abilities, and can (but doesn’t have to) be caused by a medical condition or illness. A ‘substantial adverse effect’ is something that has more than a minor or trivial impact on someone’s life and how they can do certain things. This may change or fluctuate over time. Something is ‘long term’ if it will affect (or is likely to affect) someone for at least 1 year, even if a condition’s effects come and go.
While there isn’t an exhaustive list of ‘normal day-to-day activities’, they include things people do on a regular or daily basis. For example:
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driving
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communicating and interacting with others
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using computers
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following instructions
For more information, see the Government’s guidance.
Automatic disabilities
Under disability discrimination law the following conditions are automatically considered disabilities (even if they don’t affect day-to-day activities):
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cancer
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HIV infections
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multiple sclerosis (MS)
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visual impairments (ie being certified as blind, severely sight impaired, sight impaired or partially sighted)
Progressive conditions
Progressive conditions are those that get worse over time (eg Alzheimer's and Parkinson's disease). Under the law, someone with a progressive condition has a disability as soon as their progressive condition starts to have an effect on their normal day-to-day activities (provided this is long-term). The effect does not have to be substantial provided it is likely to become substantial in the future.
Other impairments or conditions
Whether a condition or impairment is a disability depends on the situation in question and, as a result, no exhaustive list of disabilities exists. Generally, employers should consider how a staff member’s impairment/condition affects them, rather than what the impairment/condition is. Open communication between employers and staff is essential, to ensure everyone understands the situation in question. However, common examples include:
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neurodiversity (g ADHS, dyslexia, autism) - even if someone doesn’t consider themselves to have a disability, being neurodivergent will typically be considered a disability under the law
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disfigurements - severe disfigurements will generally be considered a disability as, by law, they are deemed to have a substantial adverse effect on the ability to carry out normal day-to-day activities. Less severe disfigurements, on the other hand, may not have a substantial adverse effect on someone’s ability to carry out normal day-to-day activities and may, therefore, not be a disability
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menopause - menopause may be considered a disability as some suffer from prolonged and severe physical/mental health symptoms that have a substantial adverse effect on their ability to carry out normal day-to-day activities. For more information, read Menopause in the workplace
The long-term effects of Coronavirus (COVID-19), commonly known as ‘long COVID’ or ‘post-COVID-19 syndrome’, may also be considered a disability for the purposes of the Equality Act. In May 2022, an employment tribunal in Scotland decided in the case Burke v Turning Point Scotland that an employee suffering from long COVID was disabled for the purposes of the Equality Act. However, whether long COVID is a disability in a given situation will depend on a person’s individual situation - it would need to meet the general criteria for a disability as set out above (including having substantial, long-term adverse effects).