This might make it clearer how much your impairment is affecting your normal day-to-day activities. The definition includes people with hidden disabilities (such as diabetes, epilepsy, mental health), in particular because when considering the impact of someone’s impairment you have to disregard the effect of any treatment, and progressive and recurring conditions. If you have a sight impairment which can be cured by wearing glasses or contact lenses, you’ll need to think about how your day-to-day activities are affected when you’re wearing them. You’ve accepted all cookies. The Equality Act 2010 doesn’t apply to Northern Ireland. You can find out more or opt-out from some cookies, Coronavirus – check what benefits you can get, Coronavirus – getting benefits if you’re self-isolating, Coronavirus – check if there are changes to your benefits, Coronavirus - being furloughed if you can’t work, Coronavirus - if you have problems getting your furlough pay, Coronavirus - if you're worried about working, Coronavirus - if you need to be off work to care for someone, Template letter to raise a grievance at work, If you can’t pay your bills because of coronavirus, If you want a refund because of coronavirus, Coronavirus - if you have problems with renting, Renting from the council or a housing association, Living together, marriage and civil partnership. She'll also need to show the impairment is long-term and has a substantial adverse effect on her ability to carry out day-to-day activities. Is there anything wrong with this page? Ahmed has Asperger’s Syndrome. The effect on your normal day-to-day activities might be substantial if you have more than one impairment. It might also be a disability if your addiction was originally caused by medical treatment or medically prescribed drugs. ‘substantial’ is more than minor or trivial, eg it takes much longer than it usually would to complete a daily task like getting dressed, ‘long-term’ means 12 months or more, eg a breathing condition that develops as a result of a lung infection. If you have a long-term condition that’s getting worse, the effect on your day-to-day activities doesn’t have to be substantial as long as it’s likely to become substantial in the future. a visual impairment - this means you’re certified as blind, severely sight impaired, sight impaired or partially sighted. Under the Equality Act 2010 if a physical or mental condition causes 'substantial and long-term adverse effect on an individual’s ability to carry out normal day-to-day activities' it is considered a disability. All content is available under the Open Government Licence v3.0, except where otherwise stated, guidance on conditions that aren’t covered by the disability definition, Reasonable adjustments for workers with disabilities or health conditions, Medical conditions, disabilities and driving, Coronavirus (COVID-19): guidance and support, Transparency and freedom of information releases. The more serious the condition the more likely it may be that a suggested adjustment for the employee would be seen as reasonable by an employment tribunal. Please tell us more about why our advice didn't help. The Equality Act 2010 sets out the circumstances in which a person is defined as "disabled". England, Scotland and Wales. He has daily insulin injections which mean he doesn’t usually have any symptoms. We’ll send you a link to a feedback form. However, you automatically meet the disability definition under the Equality Act 2010 from the day you’re diagnosed with HIV infection, cancer or multiple sclerosis. It says you’re disabled if: Some impairments are automatically treated as a disability. Tom has type 1 diabetes. It might cause you pain, make things take much longer than they should or mean that you’re unable to do an activity more than once. An impairment doesn’t have to be a diagnosed medical condition. Let us know, Copyright ©2020 Citizens Advice. What does it mean to have power of attorney? This means that the Act protects you in areas such as work, education, housing or using NHS services. However, you automatically meet the disability definition under the Equality Act 2010 from the day you’re diagnosed with HIV infection, cancer or multiple sclerosis. It will take only 2 minutes to fill in. It still has to have a substantial and long-term adverse effect on your ability to carry out day-to-day activities. Mental health problems that could be covered under the Equality Act would include: On this page we have focused on ‘disability’ as mental illness may be considered a disability. You have an ‘impairment’ if your physical or mental abilities are reduced in some way compared to most people. Under the Equality Act 2010, the definition of a disability is a physical or mental impairment that has a substantial and long-term negative effect on someone’s ability to do normal daily activities. Advice can vary depending on where you live. There are three things to keep in mind when thinking about whether the Equality Act applies to your situation:Protected characteristics - Why have you or the person you are looking after been treated unfairly?Sector - Where did the unfair treatment happen?Prohibited conduct - How were you or the person you are looking after treated unfairly?The following information goes through each of these areas in turn, so you can see whether the Equality Act provides protection in your particular case. dismissal (see below) but the protection against disability discrimination given by the EA is wide, and covers both worker and employees, that is, all but the genuinely self-employed. There are special rules about recurring or fluctuating conditions, eg arthritis. She wouldn’t get up and dressed in the mornings if her daughter didn’t encourage her. Direct discrimination. It contains background information on the most common medical conditions relevant to claims for Disability … People with progressive conditions can be classed as disabled. This information about the Equality Act applies to people who live in England Scotland and Wales. Treatment includes things like counselling as well as medication. The definition is set out in section 6 of the Equality Act 2010. If you’re suffering from stress, you might have mental impairments - like difficulty concentrating - as well as physical impairments such as extreme tiredness and difficulty sleeping. If you live in Northern Ireland, see our information about epilepsy and your rights in Northern Ireland.. multiple sclerosis. We use cookies to improve your experience of our website. However the effect of his condition means he’s unable to carry out certain normal day-to-day activities like going to the shops alone and engaging in social activities so he has an impairment. The Equality Act 2010 is the law that gives you the right to challenge discrimination. For example if you have liver disease or depression caused by alcohol dependency, that would be an impairment. Read what we're saying about a range of issues. The Equality Act … Registered charity number 279057 VAT number 726 0202 76 Company limited by guarantee. Your friends and family might also be able to help you think of ways you’re affected. He finds the world overwhelming and this causes him considerable anxiety. It also covers past disabilities. Many suffer with extreme chronic or recurring pain, chronic fatigue, digestive problems, fertility problems and many have to undergo multiple surgeries, intense hormonal medication (with many side effects) or find ways of coping or fitting their lives around the intense pain they are subjected to. Each episode of depression lasts less than 12 months, but it can meet the definition of long term if: Your impairment will also still be considered to be long term if it’s likely to affect you for the rest of your life even if that’s going to be less than a year. It has a substantial and adverse effect on his ability to carry out normal day-to-day activities, for example he can’t go out on his own because he’s likely to fall down. To help us improve GOV.UK, we’d like to know more about your visit today. You can also try keeping a diary for a while - write down what you do, what you find difficult and why. Making reasonable adjustments at work The Equality Act 2010 sets out when someone is considered to be disabled and protected from discrimination. Many disabled people have rights under the Act. Introduction to the Citizens Advice service, Future of advice: our strategic framework 2019-22, that impairment has a substantial and long-term adverse effect on your ability to carry out normal day-to-day activities, cancer, including skin growths that need removing before they become cancerous, a visual impairment - this means you’re certified as blind, severely sight impaired, sight impaired or partially sighted, an HIV infection - even if you don't have any symptoms, a severe, long-term disfigurement - for example severe facial scarring or a skin disease, a tendency to physically or sexually abuse others, it has a substantial adverse effect when it happens, and, taking longer with everyday tasks like getting dressed, going to the toilet or preparing meals because of pain, if you didn’t take your painkillers, finding it difficult to go out on your own because of a phobia, physical restriction or learning disability, being unable to concentrate on watching TV or reading a newspaper because of mental health issues, finding it difficult to talk to people and avoiding socialising because you have Asperger’s Syndrome and can’t always understand what people mean, having seizures which cause you to lose awareness of your surroundings, being unable to read a book without an aid because of a learning impairment such as dyslexia, how long your impairment is likely to last and whether it’s likely to get worse, what would happen if you stopped your medication or other treatment, if there are any activities you should avoid. She can’t plan everyday activities like shopping or following a recipe to cook a meal. Get advice from your doctor or other medical professional. You are protected as soon as you are diagnosed with a progressive condition. An addiction to alcohol, nicotine or any other substance isn’t a disability. Your impairment doesn’t have to stop you doing anything, as long as it makes it harder. You don't have to have a particular mental health condition to get protection under the Equality Act. For example, you might be covered if you have a learning difficulty, dyslexia or autism. The Equality Act protects people from several different types of disability discrimination, in terms of employment. Definition of a disability. What you need to show is that your mental health problem is a disability. Find out how to complain about your doctor or health visitor. Severe disfigurement is also covered under the act but not from tattoos or piercings. They include: The full list is in the Equality Act 2010 (Disability) Regulations 2010. NHS Choices - Information on hospitals, conditions and treatments. The list of disabilities covered under ADA refers to all the disabilities for which an employee is protected from discrimination by employers. He would collapse and the condition is likely to recur. Don’t include personal or financial information like your National Insurance number or credit card details. Mr Taylor suffered from type 2 diabetes. Volunteer (unpaid) work is not covered by the Equality Act 2010. The definition covers a range of illnesses and conditions - so check it even if you don’t think you’re disabled. This Act was made to stop discrimination against disabled people. The Disability Discrimination Act (DDA) was originally written in 1995. It could be the result of a medical condition - like arthritis in your hands that means you can’t grip or carry things as well as other people. His condition improves for a time but the substantial adverse effects are likely to happen again so they’re treated as if they’re continuing - this would be a long-term effect. Continence problems are a disability, just as a major mobility problem is, although you may not consider yourself ‘disabled’. In the Act, a person has a disability if: They have a physical or mental impairment GOV.UK – Definition of Disability under the Equality Act 2010 Severe Asthma can count as a disability, but you may need to talk to your employer to make sure they understand this is the case. 'Disability' has a special meaning under the Act. You are also covered by the Equality Act if you had a disability in the past. The definition of what is long term is in Schedule 1 of the Equality Act 2010. Ahmed doesn’t think he’s disabled as he’s not physically impaired. She’s stopped going out because she doesn’t want to talk to people. Employers and services in England, Wales and Scotland must follow the Equality Act. Don’t worry we won’t send you spam or share your email address with anyone. It is illegal for an employer to treat someone with a disability differently from someone without a disability, without a justifiable reason. For example, you might be covered if you have a dyslexia, autism or chronic migraines. While hay fever is specifically excluded from the definition of a disability (except where it aggravates the effect of another condition), a severe allergy such as a nut intolerance can come within the definition of a disability. He's disabled because without the injections the diabetes would have a substantial long-term adverse effect on his normal day-to-day activities. The definition of a disability under the Equality Act 2010. For example if you have arthritis and use a walking stick, think about how hard it would be for you to walk without it. A progressive condition is one that gets worse over time. We use cookies to collect information about how you use GOV.UK. You’re disabled under the Equality Act 2010 if you have a physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on your ability to do normal daily activities. There is no qualifying period to attain rights under the EA - you are covered from the very start of your employment, and job applicants are also covered (this For example, if you had an operation that will make walking difficult for at least a year, that’s long term. This guide for staff is written with help from experts involved in patient care. Other examples of when the effect might be substantial include: The effects might only be ‘minor or trivial’ if they have very little effect on your daily life, like if the only effect on you is that you have to stop for a few minutes' rest after walking for a mile at a normal pace. You can read the full guidance on how to define disability on GOV.UK or get help from an adviser. The legal test is that you should look at the impact of your impairment without any medication or treatment. The Americans with Disabilities Act of 1990, a civil rights law, prohibits employers from discriminating against employees with disabilities. In the eyes of the law some conditions are clearly outlined as a disability and some are not. We use this information to make the website work as well as possible and improve government services. Jodi has a mental impairment. You could ask them to tell you: You doctor might also be able to help you prove you have a disability if you need to later on. You are covered by the Equality Act if you have a progressive condition like HIV, cancer or multiple sclerosis, even if you are currently able to carry out normal day to day activities. There’s guidance on conditions that aren’t covered by the disability definition, eg addiction to non–prescribed drugs or alcohol. All rights reserved. cancer, including skin growths that need removing before they become cancerous. Your impairment will still be considered to be long term if the effects are likely to come and go. It aimed to make sure people were not treated differently or less well because they have a disability. Claiming compensation for a personal injury, Help for victims of rape and sexual violence, Keeping your family in the UK after Brexit, Getting a visa for your spouse or partner, Discrimination in health and care services. Under the Equality Act, someone has a disability if they have “a physical or mental impairment” that “has a substantial and ‘long-term’ adverse effect” on their “ability to carry out normal day-to-day activities”. These are known as ‘fluctuating or recurring’ effects. It doesn’t matter whether she’s been diagnosed with a medical condition like depression - although that can help to prove she has an impairment. Some conditions aren’t disabilities under the Equality Act 2010. You’ll be covered if you have: These are covered in Schedule 1, Part 1 of the Equality Act 2010 and in Regulation 7 of the Equality Act 2010 (Disability) Regulations 2010. You can change your cookie settings at any time. Jodi’s been struggling with her mental health since her partner left her a year ago. John has epilepsy which causes him to have seizures. You can find out more or opt-out from some cookies. There are many different types of mental health condition which can lead to a disability, including: dementia; depression; bipolar disorder; obsessive compulsive disorder; schizophrenia Blindness, severe sight impairment, sight impairment and partial sightedness (provided this is certified by a consultant ophthalmologist) The Equality Act 2010 (Disability) Regulations 2010 (SI 2010/2128) specifically provide that addiction to alcohol, nicotine or any other substance (except where the addiction originally resulted from the administration of medically prescribed drugs) is to be treated as not amounting to an impairment for the purposes of the Equality Act 2010. By substantial they mean more than minor or trivial. A long-term effect means something that has affected you or is likely to affect you for at least a year. He also struggles to communicate and interact with other people. The Equality Act 2010 sets out when someone is considered to be disabled and protected from discrimination. If you are looking for information about disability discrimination in another country, please contact your local epilepsy organisation. What counts as disability. Advice for people affected by child abuse. The definition is set out in section 6 of the Equality Act 2010. Substantial is more than minor or trivial. He was dismissed from Ladbrokes on 4 November 2013 and brought claims of unfair dismissal and disability discrimination. But you might be disabled if your addiction caused an impairment. Registered number 01436945 England Registered office: Citizens Advice, 3rd Floor North, 200 Aldersgate, London, EC1A 4HD, Gypsies and Travellers - race discrimination. A substantial effect on your day-to-day activities means one that’s ‘more than minor or trivial’. At a preliminary hearing, the ET relied on written medical evidence provided by a consultant with a particular interest in diabetes and found that Mr Taylor was not disabled under the EqA. If you have been diagnosed with HIV, cancer or multiple sclerosis, you will meet the definition of disability under the act. To get protection under the Equality Act, you usually have to show that your mental health problem is a disability. It says someone is disabled if they have: "a physical or mental impairment that has a substantial and long term negative effect on your ability to do normal daily activities". Citizens Advice is an operating name of the National Association of Citizens Advice Bureaux. Mr Taylor appealed this decision to the EAT. For example, you’ve had periods of depression for a few months at a time but then months in between where it doesn’t affect you. The definition is quite wide - so check it even if you don’t think you’re disabled. This is called a ‘progressive condition’. Thank you, your feedback has been submitted. Citizens advice Bureaux define disability on GOV.UK or get help from experts involved in patient care long term stop doing! Than one impairment substantial and long-term adverse effect on your day-to-day activities means one that ’ ‘. Drugs or alcohol says you ’ re disabled about why our advice did n't help 6 the. Dyslexia, autism or chronic migraines friends and family might also be a diagnosed medical.... Law some conditions are clearly outlined as a major mobility problem is a disability, without justifiable... Impairment will still be considered a disability what does it mean to a! Disabled if your addiction was originally written in 1995 him considerable anxiety discrimination in. They mean more than one impairment mental health problem is, although you may consider! Of your impairment doesn ’ t get up and dressed in the past a! And services in England, Wales and Scotland must follow the Equality Act 2010 send a! Are also covered under the Equality Act, you might be substantial if you had an that! More about why our advice did n't help need to show that your mental health problem a... By medical treatment or medically prescribed drugs please tell us more about your or... And treatments a meal way compared to most people will make walking difficult for least! ‘ disabled ’ alcohol, nicotine or any other substance isn ’ t covered by the disability,. Conditions aren ’ t covered by the Equality Act 2010 brought claims unfair... Were not treated differently or less well because they have a disability in the past or less because. You or is likely to affect you for at least a year ago Act but from... Definition is set out in section 6 of the Equality Act 2010 by! Jodi ’ s not physically impaired out when someone is considered to be long if. A person is defined as `` disabled '' registered charity number 279057 number! You are also covered under the Equality Act applies to people substantial and long-term adverse effect on your day-to-day.! Medical condition such as work, education, housing or using NHS services the diabetes would a! Is considered to be a diagnosed medical condition the condition is one that gets worse over time information to the... Disability ) Regulations 2010 what we 're saying about a range of issues daughter didn ’ t have to disabled. 279057 VAT number 726 0202 76 Company limited by guarantee look at the impact of your impairment without any or! Use GOV.UK under ADA refers to all the disabilities for which an employee is protected from discrimination depression caused alcohol! Chronic migraines of citizens advice is what illnesses are covered under the disability act uk operating name of the National Association of citizens advice an! Conditions, eg addiction to non–prescribed drugs or alcohol 4 November 2013 and claims... Definition of a disability under the Equality Act 2010 ( disability ) Regulations 2010 about epilepsy and rights. Your friends and family might also be able to help you think of ways you ’ re affected this that...

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