Disability

Under section 6 of the EA 10, a person has a disability 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”. A condition is “long term” if it has lasted for twelve months, is likely to last at least twelve months, or for the rest of the affected person’s life. Each separate part of the definition of disability must be satisfied.

“Substantial” means “more than minor or trivial” (section 212(1) EA 10). In other words, if something cannot be regarded as “trivial”, then it will be substantial (Aderemi v London and South Eastern Railway Limited [2012] UKEAT/0316/12/KN).