Definition of disability under the Equality Act 2010

You’re disabled under the Equality Act 2010 if you have a physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on your ability to do normal daily activities.

The Equality Act 2010 doesn’t apply to Northern Ireland.

What ‘substantial’ and ‘long-term’ mean

• ‘substantial’ is more than minor or trivial, eg it takes much longer than it usually would to complete a daily task like getting dressed

• ‘long-term’ means 12 months or more, eg a breathing condition that develops as a result of a lung infection

There are special rules about recurring or fluctuating conditions, eg arthritis.

Progressive conditions

A progressive condition is one that gets worse over time. People with progressive conditions can be classed as disabled.

However, you automatically meet the disability definition under the Equality Act 2010 from the day you’re diagnosed with HIV infection, cancer or multiple sclerosis.

What isn’t counted as a disability

There’s guidance on conditions that aren’t covered by the disability definition, eg addiction to non–prescribed drugs or alcohol.