Recurring or fluctuating conditions

The EA 10 says that if an impairment has already had a substantial adverse effect on someone’s ability to carry out normal day-to-day activities but that effect ceases, the substantial effect will be treated as continuing if it is “likely to recur” (Schedule 1, Part 1, Para 2, EA 10, Swift v Chief Constable of Wiltshire Constabulary [2004] IRLR 540). The statutory Guidance gives examples including rheumatoid arthritis, Menières Disease and epilepsy, as well as mental health conditions such as schizophrenia, bipolar affective disorder, and some types of depression. Susceptibility to repeated infections can also be a disability (Sussex Partnership NHS Foundation Trust v Norris [2012] UKEAT/0031/12/SM).