Defining disability

The Equality Act 2010 ('the 2010 Act') defines disability as a physical or mental impairment which has a substantial and long-term adverse effect on an individual's ability to carry out normal day-to-day activities. [1] Under the 2010 Act an individual is no longer required to include an activity from a specified list, as was the case under the Disability Discrimination Act 1995 ('the 1995 Act'), thus making it easier for some individuals to prove that they are disabled. Schedule 1 and the Explanatory Notes to the 2010 Act provide further guidance on what constitutes a 'normal day-to-day activity'. [2] The Government's Equalities Office has also produced guidance on Disability Discrimination which is a useful aid in determining whether a person fits the definition of disabled under the 2010 Act.

The 2010 Act also defines people with cancer, HIV infection and multiple sclerosis as having a disability. [3] This means that people who fall into each of these categories do not have to prove that their condition has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities. This protection was introduced by the Disability Discrimination Act 2005 which extended the definition of a disability contained in the 1995 Act. In addition, the 2005 Act removed the requirement for a mental illness to be 'clinically well-recognised' before a person is recognised as disabled, which has been carried into the 2010 Act. [4] New regulations also define people who are 'certified blind, severely sight impaired, sight impaired or partially sighted' as disabled. [5]

These regulations also exclude certain conditions from being defined as an impairment for the purposes of the 2010 Act. [6] These include; addictions, such as addiction to alcohol, nicotine or any other substance, excluding addictions resulting from medically prescribed drugs or treatments. Also included is; the tendancy to set fires, steal, physically or sexually abuse other people or a tendancy for exhibitionism. Furthermore, tattoos and piercings are not to be considered as severe disfigurements which have an adverse effect on the ability of a person to carry out normal day-to-day activities.