Definition of Disabilities

According to the Oxford Languages Dictionary, a disability can be defined as: a physical or mental condition that limits a person's movements, senses, or activities.

We are now going to look at the definition of disability under the Equality Act 2010.

The Equality Act 2010 sets out when someone is considered to be disabled and protected from discrimination. The definition is quite wide - so it is worth checking, even if you do not think you are disabled. For example, you might be covered if you have a learning difficulty such as dyslexia or autism.

The definition is set out in section 6 of the Equality Act 2010. It says you are disabled if:

• You have a physical or mental impairment.
• And/or if that impairment has a substantial and long-term adverse effect on your ability to carry out normal day-to-day activities.

Some impairments are automatically treated as a disability. These include:

• Cancer, including skin growths that need removing before they become cancerous.
• A visual impairment - this means you are certified as blind, severely sight impaired, sight impaired or partially sighted.
• Multiple sclerosis
• A HIV infection - even if you do not have any symptoms
• And lastly, a severe, long-term disfigurement - for example, severe facial scarring or a skin disease.

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.

Some other definitions that we can look at in this section are what is meant by ‘substantial’ and ‘long-term’.

‘Substantial’ is more than minor or trivial. For example, it takes much longer than it usually would to complete a daily task such as getting dressed.

‘Long-term’ means 12 months or more. For example, a breathing condition that develops as a result of a lung infection.