Disability is a protected characteristic as defined by the Equality Act 2010 (the Act). The definition of disability under the Act is as follows:
In the Act, a person has a disability if:
- they have a physical or mental impairment.
- the impairment has a substantial and long-term adverse effect on their ability to perform normal day-to-day activities.
For the purpose of the Act, these words have the following meaning:
- ‘substantial’ means more than minor or trivial.
- ‘long term’ means that the effect of the impairment has lasted or is likely to last for at least twelve months.
- ‘normal day-to-day activities’ include everyday things such as eating, washing, walking, working and examinations.
Persons with certain conditions are deemed to be disabled for the purpose of the Act without having to satisfy the criteria set out above. Those conditions are:
- HIV infection, cancer, and multiple sclerosis
- severe disfigurements (except for unremoved piercings and tattoos)
- blindness, severe sight impairment, sight impairment and partial sightedness (provided this is certified by a consultant ophthalmologist)
