Definition of a Disability
Disability is one of the protected characteristics of the Equality Act (2010). The definition of a disability is stated within Section 6 of the Equality Act (2010) as:
A person has a disability if —
(a) the person has a physical or mental impairment, and
(b) the impairment has a substantial and long-term adverse effect on the person's ability to carry out normal day-to-day activities
Which conditions are excluded as a definition of a disability in the Act?
Legal Government guidance states the following are not impairments:
- addiction to, or dependency on, alcohol, nicotine, or any other substance (other than in consequence of the substance being medically prescribed)
- Note: someone who has an addiction is only covered in having a disability if the addiction results in an impairment e.g. addicted to alcohol results in depression or liver damage.
- the condition known as seasonal allergic rhinitis (e.g. hayfever), except where it aggravates the effect of another condition
- tendency to set fires
- tendency to steal
- tendency to physical or sexual abuse of other persons
Which impairments are covered in the Act as a disability?
Please refer to the legal Government guidance on disability definitions:
Download: ODI Eq Act Disability Guidance (PDF, 828 KB)
What is the difference between the Equality Act and the DDA?
A full list of changes are provided on webpage: EA and DDA
What is the meaning of ‘long-term effects’?
Schedule 1, Paragraph 2 of the Act states that, for the purpose of deciding whether a person is disabled, a long-term effect of an impairment is one:
- which has lasted at least 12 months; or
- where the total period for which it lasts, from the time of the first onset, is likely to be at least 12 months; or
- which is likely to last for the rest of the life of the person affected
Special provisions apply when determining whether the effects of an impairment that has fluctuating or recurring effects are long-term.
What is the meaning of ‘substantial adverse effect’?
Section 212 of the Act states the requirement that an adverse effect on normal day-to-day activities should be a substantial one reflects the general understanding of disability as a limitation going beyond the normal differences in ability which may exist among people.
A substantial effect is one that is more than a minor or trivial effect.
What are the examples of relating conditions?
Government A-Z list of conditions that relate to a disability: Conditions Note: only some conditions are covered as a disability under the Equality Act.
What duty is there to provide 'reasonable adjustment' in the workplace?
The duty contains three requirements that apply in situations where a disabled person would otherwise be placed at a substantial disadvantage compared with people who are not disabled:
- The first requirement involves changing the way things are done (equality law talks about where the disabled job worker is put at a substantial disadvantage by a provision, criterion or practice of their employer).
- The second requirement involves making changes to overcome barriers created by the physical features of a workplace.
- The third requirement involves providing extra equipment (which equality law calls an auxiliary aid) or getting someone to do something to assist you (which equality law calls an auxiliary service).
What is the meaning of ‘normal day-to-day activities’?
The Act does not define what is to be regarded as a ‘normal day-to-day activity’ as it is not possible to provide an exhaustive list of day-to-day activities.
However examples of when it would, and would not, be reasonable to regard an impairment as having a substantial adverse effect on the ability to carry out normal day-to-day activities, are provided on webpages: