The concept of disability in the workplace is covered primarily by the Equality Act 2010, which provides legal protection for disabled people against discrimination and places duties on employers to support them fairly at work.
Understanding what counts as a workplace disability is essential for employers, managers, and employees to ensure inclusive practices, legal compliance, and equal opportunity.
Under the Equality Act 2010, a person is considered disabled if they have:
“A physical or mental impairment that has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities.”
Each part of this definition is important which is explored further below.
This includes a wide range of conditions, such as:
What is important to note here is that both visible and non-visible disabilities are covered by the law.
A “substantial” effect means the impairment has more than a minor or trivial impact on a person’s ability to perform everyday activities. This could include difficulties with:
The assessment of whether a condition is substantial requires a consideration of how it affects the individual without coping strategies or medication.
A condition is considered long-term if:
Some conditions can fluctuate or reoccur and so may qualify even if the symptoms vary over time.
A condition also needs to impact an individual’s ability to carry out normal day to day activities.
Below are examples of activities carried out by most people on a regular basis:
If an individual experiences any hinderance in carrying these activities, then this would likely suffice.
Work-specific tasks can be included if they relate to everyday functioning.
Legislation sets out examples of certain conditions that are automatically classified as a disability from the date of diagnosis without first needing to satisfy the requirements set out above. These conditions include:
If a disability has been established, then the next step is to assess how the condition affects an employee in their workplace and whether the current environment puts them at a disadvantage. An assessment of the individual’s condition, symptoms (including any medication) and the workplace needs to be considered together.
In terms of workplace environment, the points that would generally need to be considered include:
What is important to note here is that a disability is specific to the individual and so an individual assessment is crucial to understand how the condition affects them in the workplace.
You may wish to consider getting a professional opinion to assess the condition and advise on any specific questions.
When reading, you might be asking yourself well why this is all important? Simply put, employees have legal rights and employers have legal obligations.
Employers have a legal duty to:
When considering reasonable adjustments, these include the following (by way of example):
What is “reasonable” depends on factors such as the size of the business, cost, practicality, and effectiveness of the adjustment.
It is important to note that employees do not need any requisite length of service to pursue a disability-related claim as it is classed as one of the protected characteristics under the Equality Act.
Determining and addressing a disability in the workplace does not need to be complicated. Transparency between employers and employees is key and having an open discussion can really help.
If you are an employer and feel you are out of your depths and need assistance, please feel free to get in touch.
If you are an employee and are unsure whether your employer has taken the correct approach, please also feel free to get in touch as we can explore any options available.
Please contact us on 01983 897003.
Appointments are available by telephone or via video call, so no matter where you are in England or Wales we can assist you.
The information contained in this blog post is provided for guidance and is a snapshot of the law at the time it is written. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
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