Equality Act 2010 applies only to those who are considered disabled in accordance with the definitions in the Act. To be considered disabled under the Act, a person must have:
- An impairment that is physical or mental
- Adverse effects from the impairment which are substantial, long term (likely to be), impact normal activities of daily living (ADL)
Not exhaustive but can cover:
- Sensory (not standard eye-sight issues)
- Fluctuations/recurrences – rheumatoid arthritis (RA), myalgic encephalomyelitis (ME), chronic fatigue syndrome (CFS), depression, epilepsy
- Progressive – motor neurone disease (MND), muscular dystrophy (MD), Parkinsons
- Systemic – respiratory, cardiac
- Learning disabilities
- Mental health / mental illness
- Injury including brain injury
Protected from date of diagnosis:
- Multiple sclerosis (MS)
- Cancer
- HIV
Can Occupational Health advise about the Equality Act 2010?
Occupational Health can advise on compliance under the Equality Act 2010 (including disability pregnancy and age discrimination) and temporary or permanent changes to the workplace, also known as reasonable adjustments. Whether someone is disabled can only be fully determined at a tribunal. However, Occupational Health can make an informed opinion i.e. likely or unlikely to apply.
Further support
Equality & human rights commission – An introduction to the Equality Act 2010
GOV.UK – Definition of disability under Equality Act 2010
Ref: WPW003 this information was updated September 2024.
