European perspective
The European Court of Justice recently issued guidance on the question of whether a person is disabled. The guidance applies to countries that are signatories to the United Nations Convention on the Right of Persons with Disabilities (including the UK). The Court said that European legislation must be interpreted to ensure compatibility with the International Convention.
The Convention provides that “persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation with society on an equal basis with others.”
The implication of this is to say that all aspects of a persons life should be looked at, both public and private, and not only what is considered to be “normal day-to-day activities” as referred to in the EA 2010 (HK Danmark (acting on behalf of Ring) v Dansk almennyttigt Boligselskab (2013) IRLR 571).