What is a disability under the Equality Act 2010?

Under section 6 of the EA 2010, 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”.

The term “impairment” is not defined by the Act but has a functional meaning and focuses on the negative effects of a disability (Ministry of Defence v Hay [2008] UKEAT 0571_07_2107).

www.bailii.org/uk/cases/UKEAT/2008/0571_07_2107.html

Each component of this definition of disability must be satisfied for a discrimination claim to succeed at the tribunal. The process is more detailed and technical than it may first appear. If the disability is contested by the employer, the tribunal will nearly always expect medical evidence to convince them of a disability.