Understanding what constitutes a disability is pivotal for both employers and employees. The Equality Act 2010 defines disability as a physical or mental impairment that has a substantial and long-term adverse effect on an individual's ability to carry out normal day-to-day activities.
The term "substantial" implies more than minor or trivial, indicating a significant impact on an individual's ability to perform tasks. Moreover, the impairment must be long-term, lasting for at least 12 months, or be expected to last for this duration. This encompasses a wide range of conditions, from physical disabilities like mobility impairments to mental health conditions such as depression or anxiety. Conditions with fluctuating symptoms, such as multiple sclerosis or chronic pain disorders, also fall within this scope if they meet the other criteria.
While the Equality Act provides a framework for disability classification, its interpretation is subject to case law. Employers should stay informed about legal precedents and updates to ensure compliance with current legislation
For employers, it's essential to recognise their obligations under the Equality Act. They must make reasonable adjustments to accommodate disabled employees, ensuring they can access employment opportunities and participate fully in the workplace. This could entail modifying work arrangements, providing specialised equipment, or offering additional support where needed.
For guidance on disability-related matters in the workplace, both employers and employees are strongly encouraged to seek professional legal advice.