The Equality Act 2010 determines when a person is considered disabled and protected from discrimination on the basis of disability. Certain conditions are explicitly considered as disabilities for the purposes of the Equality Act. In such cases, the complexity of the normal definition of disability in the Equality Act is circumvented. For example, a person could suffer from major depression for several years due to menopause, which could affect their ability to work. This could be considered a disability within the meaning of the Discrimination Act. The following conditions are expressly excluded from the examination of impairments under the Equality Act: It is not possible to give an exhaustive list of all conditions or impairments that could be classified as disabilities. In most situations, it is better to look at how a person`s condition or impairment affects them, rather than the condition or impairment. To be considered a disability, the condition would have to have a significant and long-term negative impact on the employee`s ability to perform his or her job. This means that each case must be assessed individually. There is a guide that explains what is meant by “normal” activities. These are activities that are done fairly regularly by most people, such as shopping, reading, writing, speaking, watching TV, washing and dressing, cooking and eating, cleaning, walking, traveling (including public transportation) and participating in social activities.
It is not necessary for an activity to be carried out by the entire population for it to be a normal daily activity. For example, it is normal to travel by subway or plane, wear makeup or use hair rollers. There are guidelines for conditions that are not covered by the definition of disability, such as dependence on non-prescribed drugs or alcohol. Depending on the extent to which they affect an employee`s ability to perform a normal activity, any of the following diseases and conditions may be classified as a disability: Several recent court cases suggest that obesity itself is not considered a disability. There are special rules for recurring or fluctuating conditions, such as arthritis. The legal test of disability is based on the impact your condition would have without medication or treatment. Treatment includes things like counselling as well as medication. For example, if you have arthritis and use a cane, think about how difficult it would be for you to walk without it. A progressive condition is a disease that worsens over time. People with progressive diseases can be classified as disabled. If you`re still unsure of what constitutes a disability in the workplace, or simply need advice, our recruitment consultants can help.
If you find that an employee has a disability that affects them at work, you should discuss with them whether there are appropriate adjustments you can make to help them perform their job and, if necessary, consult a doctor about what you can do to help them. The court would decide if you have a disability based on the evidence of both parties. They will listen to what you say, but you may also need to show them medical evidence – such as a letter from your primary care doctor or advisor. People with these diseases and impairments are automatically protected by the Disability Discrimination Act: their impairment is considered long-term even if it is likely to affect you for the rest of your life, even if your life expectancy is less than one year. You can also keep a journal for a while, writing down what you do, what you find difficult, and why. This could be a clearer indication of how much your impairment is interfering with your normal daily activities. Your friends and family can also help you think about how you are affected. Local authorities also have discretion to keep a register of adults with other disabilities or health problems, which they believe could lead to needs for care and support in the future. The legal test does not apply if you have a visual impairment. Legally, you are considered disabled if your vision is significantly impaired, even if you wear glasses or contact lenses. However, impairment resulting from obesity resulting in long-term incapacity for work in the workplace could be considered a disability by an employment tribunal.
Unless their condition or impairment is automatically classified as a disability or they have a progressive condition, the Equality Act 2010 states that a person is considered disabled if both are true: The Equality Act 2010 determines when a person is considered disabled and protected from discrimination. The definition covers a range of diseases and conditions – so check them even if you don`t think you`re disabled. For example, you could be insured if you have dyslexia, autism or chronic migraines. Additional considerations should be considered in cases where there are recurring conditions or more than one condition that affects operations. After all, a person who has had a disability in the past is also covered by the law. A person with a progressive disease is considered to have a legal disability once it affects their normal daily activities, as long as they are likely to be long-term. The law states that the effect does not need to be substantial as long as it is likely to become significant in the future. However, each case must be considered individually, and some employees may have several conditions that could potentially be disabilities. Some conditions are not disabilities within the meaning of the Equality Act 2010. These include: His condition improves for some time, but significant side effects are likely to recur – meaning his condition is considered long-term. Your impairment is always considered long-term when the effects are likely to come and go. These are called “fluctuating or recurring” effects.
If a person is being treated or if steps are taken to correct the impairment, the effects of the disability without the treatment or measures taken should be considered when assessing the disability. Severe disfigurement is generally considered by law to be a significant negative effect on a person`s ability to perform normal daily activities. This means that severe disfigurement is generally considered a disability. It can still be considered in the long term if the effects are likely to come and go. For example, someone may have a fluctuating condition that affects them for a few months at a time with other times if they are not affected. The definition of what is long-term is set out in Schedule 1 of the Equality Act 2010. Other less severe disfigurements on a person`s face or body may not have a significant impact on a person`s daily activities and therefore cannot be considered a disability. Ezra does not consider herself disabled because she is not receiving disability benefits and is in good physical health. Direct discrimination on the basis of disability occurs when a worker is treated less favourably than others because of his or her disability, perceived disability or association with a person with a disability. John suffers from epilepsy, which causes him to convulse.
This has a significant and negative impact on his ability to perform normal daily activities – for example, he can`t go out on his own because he may fall.