Substantial and long-term adverse effect

“Substantial” means “more than minor or trivial” (section 212(1) EA 2010). In other words, if something cannot be regarded as “trivial”, then it will be substantial as set out in the case of Aderemi v London and South Eastern Railway Limited (see next section).

The meaning of long-term is set out at Schedule 1, paragraph 2 of the EA 2010. It states that for the purposes of deciding whether a person is disabled, the long-term effect of an impairment is one which:

• has lasted at least 12 months; or,

• is likely to last at least 12 months; or

• is likely to last for the rest of the life of the person affected.