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The Equality Act 2010 sets out when someone is considered to be disabled and protected from discrimination. The definition covers a range of illnesses and conditions - so check it even if you don’t think you’re disabled.
- Status and Purpose of The Guidance
- Introduction
- Section A: The Definition
- Section B: Substantial
- Section C: Long-Term
- Section D: Normal Day-To-Day Activities
- Section E: Disabled Children
- Appendix
This guidance is issued by the Secretary of State under section 6(5) of the Equality Act 2010. In this document, any reference to ‘the Act’ means the Equality Act 2010. This guidance concerns the definition of disability in the Act. Section 6(5) of the Act enables a Minister of the Crown to issue guidance about matters to be taken into account in d...
The Equality Act 2010
The Equality Act 2010 prohibits discrimination against people with the protected characteristics that are specified in section 4 of the Act. Disability is one of the specified protected characteristics. Protection from discrimination for disabled people applies to disabled people in a range of circumstances, covering the provision of goods, facilities and services, the exercise of public functions, premises, work, education, and associations. Only those disabled people who are defined as disa...
Using the guidance
This guidance is primarily designed for adjudicating bodies which determine cases brought under the Act. The definition of disability for the purposes of the Act is a legal definition and it is only adjudicating bodies which can determine whether a person meets that definition. However, the guidance is also likely to be of value to a range of people and organisations as an explanation of how the definition operates. In the vast majority of cases there is unlikely to be any doubt whether or no...
Other references to ‘disability’
The definition of disability set out in the Act and described in this guidance is the only definition relevant to determining whether someone is a disabled person for the purposes of the Act. References to ‘disability’ or to mental or physical impairments in the context of other legislation are not necessarily relevant but may assist adjudicating bodies when determining whether someone is a disabled person in accordance with the definition in this Act. There is a range of services, concession...
Main elements of the definition of disability
A1. The Act defines a disabled person as a person with a disability. A person has a disability for the purposes of the Act if he or she has a physical or mental impairment and the impairment has a substantial and long-term adverse effect on his or her ability to carry out normal day-to-day activities (S6(1)). A2. This means that, in general: 1. the person must have an impairment that is either physical or mental (see paragraphs A3 to A8) 2. the impairment must have adverse effects which are s...
Meaning of ‘impairment’
A3. The definition requires that the effects which a person may experience must arise from a physical or mental impairment. The term mental or physical impairment should be given its ordinary meaning. It is not necessary for the cause of the impairment to be established, nor does the impairment have to be the result of an illness. In many cases, there will be no dispute whether a person has an impairment. Any disagreement is more likely to be about whether the effects of the impairment are su...
Persons with HIV infection, cancer and multiple sclerosis
A9. The Act states that a person who has cancer, HIV infection or multiple sclerosis (MS) is a disabled person. This means that the person is protected by the Act effectively from the point of diagnosis. (Sch1, Para 6). (See also paragraphs B18 to23 (progressive conditions).)
Meaning of ‘substantial adverse effect’
B1. 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. This is stated in the Act at S212(1). This section looks in more detail at what ‘substantial’ means. It should be read in conjunction with Section D which considers what is meant...
The time taken to carry out an activity
B2. The time taken by a person with an impairment to carry out a normal day-to-day activity should be considered when assessing whether the effect of that impairment is substantial. It should be compared with the time it might take a person who did not have the impairment to complete an activity.
The way in which an activity is carried out
B3. Another factor to be considered when assessing whether the effect of an impairment is substantial is the way in which a person with that impairment carries out a normal day-to-day activity. The comparison should be with the way that the person might be expected to carry out the activity compared with someone who does not have the impairment.
Meaning of ‘long-term effects’
C1. The Act statesthat, for the purpose of deciding whether a person is disabled, a long-term effect of an impairment is one: 1. which has lasted at least 12 months, or 2. where the total period for which it lasts, from the time of the first onset, is likely to be at least 12 months, orwhich is likely to last for the rest of the life of the person affected (Sch1, Para 2) Special provisions apply when determining whether the effects of an impairment that has fluctuating or recurring effects ar...
Meaning of ‘likely’
C3. The meaning of ‘likely’ is relevant when determining: 1. whether an impairment has a long-term effect (Sch1, Para 2(1), see also paragraph C1) 2. whether an impairment has a recurring effect (Sch1, Para 2(2), see also paragraphs C5 to C11) 3. whether adverse effects of a progressive condition will become substantial (Sch1, Para 8, see also paragraphs B18 to B23), or 4. how an impairment should be treated for the purposes of the Act when the effects of that impairment are controlled or cor...
Recurring or fluctuating effects
C5. The Act states that, if an impairment has had a substantial adverse effect on a person’s ability to carry out normal day-to-day activities but that effect ceases, the substantial effect is treated as continuing if it is likely to recur. (In deciding whether a person has had a disability in the past, the question is whether a substantial adverse effect has in fact recurred.) Conditions with effects which recur only sporadically or for short periods can still qualify as impairments for the...
D1. The Act looks at a person’s impairment and whether it substantially and adversely affects the person’s ability to carry out normal day-to- day activities.
E1. The effects of impairments may not be apparent in babies and young children because they are too young to have developed the ability to carry out activities that are normal for older children and adults. Regulations provide that an impairment to a child under six years old is to be treated as having a substantial and long-term adverse effect on...
An illustrative and non-exhaustive list of factors which, if they are experienced by a person, it would be reasonable to regard as having a substantial adverse effect on normal day-to-day activities.
Whether a person satisfies the definition of a disabled person for the purposes of the Act will depend upon the full circumstances of the case. That is, whether the substantial adverse effect of the impairment on normal day- to-day activities is long term. In the following examples, the effect described should be thought of as if it were the onlyeffect of the impairment: 1. difficulty in getting dressed, for example, because of physical restrictions, a lack of understanding of the concept, or...
An illustrative and non-exhaustive list of factors which, if they are experienced by a person, it would not be reasonable to regard as having a substantial adverse effect on normal day-to-day activ...
Whether a person satisfies the definition of a disabled person for the purposes of the Act will depend upon the full circumstances of the case. That is, whether the substantial adverse effect of the impairment on normal day- to-day activities is long term: 1. inability to move heavy objects without assistance or a mechanical aid, such as moving a large suitcase or heavy piece of furniture without a trolley 2. experiencing some discomfort as a result of travelling, for example by car or plane,...
May 5, 2015 · The purpose of the working group is to: commission research and provide evidence to show the benefits of access to the countryside. find out the barriers that exist for certain user groups. improve...
- Natural England is committed to making sure everyone has access to the countryside. A report in 2005, called the ‘Diversity Review’, looked at what...
- Natural England’s Outdoors for All programme works to improve opportunities for all people in England to enjoy and benefit from the natural environ...
- Natural England’s work shows how access to the natural environment benefits all visitors and can be used to provide ideas for improved access for a...
- Contact Sarah Preston sarah.preston@naturalengland.org.uk for more details on how to get involved with Outdoors for All.
How you can use the Equality Act. Under the Act, disabled people should be treated equally. Protection from discrimination applies in many situations such as buying or renting property, education, employment, exercise of public functions, goods, services, facilities and transport.
Jun 14, 2022 · The act also states that a person discriminates against a disabled person if they treat that person unfavourably because of something arising in consequence of their disability, and they cannot show that the treatment is a proportionate means of achieving a legitimate aim.
Overview. As a disabled person, you have rights to protect you from discrimination. These rights cover most areas including: employment. education. dealing with the police. The Equality Act 2010...
People also ask
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Who is treated as having a disability in the past?
Feb 18, 2020 · Under the Equality Act employers and organisations have a responsibility to make sure that disabled people can access jobs, education and services as easily as non-disabled people. This is known as the ‘duty to make reasonable adjustments’.
