Definition of Disabilities
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Understanding Disability: Definitions and Legal Protections
Definition of Disability
According to the Oxford Language Dictionary, a disability is defined as a physical or mental condition that limits a person's movements, senses, or activities.
Disability under the Equality Act 2010
The Equality Act 2010 outlines when someone is considered disabled and protected from discrimination. The definition is quite broad, so it is important to check even if you do not think you are disabled. For example, you might be classified as disabled if you have a learning difficulty such as dyslexia or autism.
Section 6 of the Equality Act 2010
The definition in Section 6 of the Equality Act 2010 states:
"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."
Conditions Automatically Recognised as Disabilities
Some impairments are automatically treated as disabilities under the Equality Act 2010. These include:
- Cancer, including skin growths that need removal before they become cancerous.
- Visual impairment if you are certified as blind, severely sight-impaired, sight-impaired, or partially sighted.
- Multiple sclerosis and HIV infection, even if you do not have any symptoms.
- A severe long-term disfigurement, such as severe facial scarring or a skin disease.
These conditions are covered in Schedule 1, Part 1 of the Equality Act 2010 and Regulation 7 of the Equality Act 2010 Disability Regulations 2010.
Understanding "Substantial" and "Long-Term" Impairments
The Equality Act 2010 also provides definitions for what constitutes substantial and long-term impairments.
Substantial
A substantial impairment is more than minor or trivial. For example, it may take much longer than usual to complete a daily task such as getting dressed.
Long-Term
A long-term impairment means the condition has lasted or is expected to last 12 months or more. For example, a breathing condition developed as a result of a lung infection.