Definition of Disability

The definition of ‘disability’ under the Equality Act 2010 is a person who:

i) has a physical or mental impairment;

ii) the impairment has a substantial and long-term adverse effect on their ability to perform normal day-to-day activities.

For the purposes of the Act, these words have the following meanings:

i) [substantial] means more than minor or trivial;

ii) ‘long-term’ means that the effect of the impairment has lasted or is likely to last for at least twelve months (there are special rules covering recurring or fluctuating conditions);

iii) ‘normal day-to-day activities’ include everyday things like eating, washing, walking and going shopping.

A person who has had a disability in the past that meets this definition, is also protected by the Equality Act 2010.

List of Recognised Disabilities By Employment Tribunals

Agoraphobia: Mental Impairment

Arthritis: Physical Impairment

Asthma: Physical impairment

Autism or Autistic Spectrum Disorder: Mental impairment

Back Impairment: Physical Impairment

Cancer:

Cerebral Palsy: Physical Impairment

Depression: Mental Impairment

Diabetes: Physical Impairment

Disfigurement: Both

Dyslexia: Mental Impairment

Epilepsy: Physical Impairment

Hearing Impairment: Physical Impairment

Heart Impairment: Physical Impairment

HIV/AIDS

Inflammatory Bowel Disease: Physical Impairment

Learning Disability/Difficulties: Mental Impairment

M.E or Chronic Fatigue Syndrome: Both

Mental Health Issues / Mental Impairments: = Manic Depression, Bi-Polar Affective Disorder, Schizophrenia, Post Traumatic Stress Disorder, Obsessive Compulsive Disorder, Paranoid Personality Disorder, Panic Attacks.

Migraine: Physical Impairment

Mobility Impairment: Physical Impairment

Multiple Sclerosis:

RSI: Physical Impairment

Seasonal Affective Disorder (SAD) Both

Shoulder, Arm, Hand Impairment: Physical Impairment

Visual Impairment: Physical Impairment