what illnesses are covered under the disability act uk

NHS Choices - Information on hospitals, conditions and treatments. You are also covered by the Equality Act if you had a disability in the past. The list of disabilities covered under ADA refers to all the disabilities for which an employee is protected from discrimination by employers. This information about the Equality Act applies to people who live in England Scotland and Wales. Direct discrimination. Ahmed doesn’t think he’s disabled as he’s not physically impaired. She'll also need to show the impairment is long-term and has a substantial adverse effect on her ability to carry out day-to-day activities. To help us improve GOV.UK, we’d like to know more about your visit today. You could ask them to tell you: You doctor might also be able to help you prove you have a disability if you need to later on. Severe disfigurement is also covered under the act but not from tattoos or piercings. An addiction to alcohol, nicotine or any other substance isn’t a disability. It also covers past disabilities. Don’t worry we won’t send you spam or share your email address with anyone. The Americans with Disabilities Act of 1990, a civil rights law, prohibits employers from discriminating against employees with disabilities. dismissal (see below) but the protection against disability discrimination given by the EA is wide, and covers both worker and employees, that is, all but the genuinely self-employed. Blindness, severe sight impairment, sight impairment and partial sightedness (provided this is certified by a consultant ophthalmologist) A substantial effect on your day-to-day activities means one that’s ‘more than minor or trivial’. It is illegal for an employer to treat someone with a disability differently from someone without a disability, without a justifiable reason. a visual impairment - this means you’re certified as blind, severely sight impaired, sight impaired or partially sighted. His condition improves for a time but the substantial adverse effects are likely to happen again so they’re treated as if they’re continuing - this would be a long-term effect. cancer, including skin growths that need removing before they become cancerous. Making reasonable adjustments at work Your friends and family might also be able to help you think of ways you’re affected. Read what we're saying about a range of issues. Treatment includes things like counselling as well as medication. We use cookies to improve your experience of our website. He also struggles to communicate and interact with other people. The definition of a disability under the Equality Act 2010. Your impairment will still be considered to be long term if the effects are likely to come and go. The legal test is that you should look at the impact of your impairment without any medication or treatment. What does it mean to have power of attorney? People with progressive conditions can be classed as disabled. You have an ‘impairment’ if your physical or mental abilities are reduced in some way compared to most people. The definition is quite wide - so check it even if you don’t think you’re disabled. You can change your cookie settings at any time. This guide for staff is written with help from experts involved in patient care. It might also be a disability if your addiction was originally caused by medical treatment or medically prescribed drugs. Mr Taylor suffered from type 2 diabetes. It contains background information on the most common medical conditions relevant to claims for Disability … There are three things to keep in mind when thinking about whether the Equality Act applies to your situation:Protected characteristics - Why have you or the person you are looking after been treated unfairly?Sector - Where did the unfair treatment happen?Prohibited conduct - How were you or the person you are looking after treated unfairly?The following information goes through each of these areas in turn, so you can see whether the Equality Act provides protection in your particular case. GOV.UK – Definition of Disability under the Equality Act 2010 Severe Asthma can count as a disability, but you may need to talk to your employer to make sure they understand this is the case. They include: The full list is in the Equality Act 2010 (Disability) Regulations 2010. However, you automatically meet the disability definition under the Equality Act 2010 from the day you’re diagnosed with HIV infection, cancer or multiple sclerosis. The Equality Act protects people from several different types of disability discrimination, in terms of employment. Tom has type 1 diabetes. The definition of what is long term is in Schedule 1 of the Equality Act 2010. We use this information to make the website work as well as possible and improve government services. However the effect of his condition means he’s unable to carry out certain normal day-to-day activities like going to the shops alone and engaging in social activities so he has an impairment. The more serious the condition the more likely it may be that a suggested adjustment for the employee would be seen as reasonable by an employment tribunal. On this page we have focused on ‘disability’ as mental illness may be considered a disability. For example if you have liver disease or depression caused by alcohol dependency, that would be an impairment. Please tell us more about why our advice didn't help. You don't have to have a particular mental health condition to get protection under the Equality Act. She’s stopped going out because she doesn’t want to talk to people. If you are looking for information about disability discrimination in another country, please contact your local epilepsy organisation. It doesn’t matter whether she’s been diagnosed with a medical condition like depression - although that can help to prove she has an impairment. It still has to have a substantial and long-term adverse effect on your ability to carry out day-to-day activities. The Equality Act 2010 is the law that gives you the right to challenge discrimination. He finds the world overwhelming and this causes him considerable anxiety. Employers and services in England, Wales and Scotland must follow the Equality Act. If you live in Northern Ireland, see our information about epilepsy and your rights in Northern Ireland.. Many disabled people have rights under the Act. Your impairment doesn’t have to stop you doing anything, as long as it makes it harder. Jodi has a mental impairment. 'Disability' has a special meaning under the Act. By substantial they mean more than minor or trivial. For example if you have arthritis and use a walking stick, think about how hard it would be for you to walk without it. Continence problems are a disability, just as a major mobility problem is, although you may not consider yourself ‘disabled’. He's disabled because without the injections the diabetes would have a substantial long-term adverse effect on his normal day-to-day activities. Thank you, your feedback has been submitted. To get protection under the Equality Act, you usually have to show that your mental health problem is a disability. We use cookies to collect information about how you use GOV.UK. You can find out more or opt-out from some cookies, Coronavirus – check what benefits you can get, Coronavirus – getting benefits if you’re self-isolating, Coronavirus – check if there are changes to your benefits, Coronavirus - being furloughed if you can’t work, Coronavirus - if you have problems getting your furlough pay, Coronavirus - if you're worried about working, Coronavirus - if you need to be off work to care for someone, Template letter to raise a grievance at work, If you can’t pay your bills because of coronavirus, If you want a refund because of coronavirus, Coronavirus - if you have problems with renting, Renting from the council or a housing association, Living together, marriage and civil partnership. In the Act, a person has a disability if: They have a physical or mental impairment Mr Taylor appealed this decision to the EAT. Under the Equality Act, someone 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”. John has epilepsy which causes him to have seizures. This means that the Act protects you in areas such as work, education, housing or using NHS services. All content is available under the Open Government Licence v3.0, except where otherwise stated, guidance on conditions that aren’t covered by the disability definition, Reasonable adjustments for workers with disabilities or health conditions, Medical conditions, disabilities and driving, Coronavirus (COVID-19): guidance and support, Transparency and freedom of information releases. A progressive condition is one that gets worse over time. Find out how to complain about your doctor or health visitor. All rights reserved. If you have been diagnosed with HIV, cancer or multiple sclerosis, you will meet the definition of disability under the act. This might make it clearer how much your impairment is affecting your normal day-to-day activities. There are many different types of mental health condition which can lead to a disability, including: dementia; depression; bipolar disorder; obsessive compulsive disorder; schizophrenia Is there anything wrong with this page? You are protected as soon as you are diagnosed with a progressive condition. The Equality Act 2010 sets out when someone is considered to be disabled and protected from discrimination. England, Scotland and Wales. You can also try keeping a diary for a while - write down what you do, what you find difficult and why. There’s guidance on conditions that aren’t covered by the disability definition, eg addiction to non–prescribed drugs or alcohol. Ahmed has Asperger’s Syndrome. It says you’re disabled if: Some impairments are automatically treated as a disability. Advice can vary depending on where you live. The Equality Act 2010 sets out the circumstances in which a person is defined as "disabled". But you might be disabled if your addiction caused an impairment. Advice for people affected by child abuse. You’ve accepted all cookies. The definition covers a range of illnesses and conditions - so check it even if you don’t think you’re disabled. Registered number 01436945 England Registered office: Citizens Advice, 3rd Floor North, 200 Aldersgate, London, EC1A 4HD, Gypsies and Travellers - race discrimination. Some conditions aren’t disabilities under the Equality Act 2010. The Disability Discrimination Act (DDA) was originally written in 1995. It has a substantial and adverse effect on his ability to carry out normal day-to-day activities, for example he can’t go out on his own because he’s likely to fall down. An impairment doesn’t have to be a diagnosed medical condition. For example, if you had an operation that will make walking difficult for at least a year, that’s long term. She can’t plan everyday activities like shopping or following a recipe to cook a meal. This is called a ‘progressive condition’. The Equality Act 2010 doesn’t apply to Northern Ireland. Definition of a disability. The Equality Act 2010 sets out when someone is considered to be disabled and protected from discrimination. This Act was made to stop discrimination against disabled people. You can find out more or opt-out from some cookies. There is no qualifying period to attain rights under the EA - you are covered from the very start of your employment, and job applicants are also covered (this Each episode of depression lasts less than 12 months, but it can meet the definition of long term if: Your impairment will also still be considered to be long term if it’s likely to affect you for the rest of your life even if that’s going to be less than a year. multiple sclerosis. ‘substantial’ is more than minor or trivial, eg it takes much longer than it usually would to complete a daily task like getting dressed, ‘long-term’ means 12 months or more, eg a breathing condition that develops as a result of a lung infection. Under the Equality Act 2010, the definition of a disability is a physical or mental impairment that has a substantial and long-term negative effect on someone’s ability to do normal daily activities. For example, you might be covered if you have a learning difficulty, dyslexia or autism. He has daily insulin injections which mean he doesn’t usually have any symptoms. Other examples of when the effect might be substantial include: The effects might only be ‘minor or trivial’ if they have very little effect on your daily life, like if the only effect on you is that you have to stop for a few minutes' rest after walking for a mile at a normal pace. At a preliminary hearing, the ET relied on written medical evidence provided by a consultant with a particular interest in diabetes and found that Mr Taylor was not disabled under the EqA. He was dismissed from Ladbrokes on 4 November 2013 and brought claims of unfair dismissal and disability discrimination. You are covered by the Equality Act if you have a progressive condition like HIV, cancer or multiple sclerosis, even if you are currently able to carry out normal day to day activities. In the eyes of the law some conditions are clearly outlined as a disability and some are not. The definition is set out in section 6 of the Equality Act 2010. However, you automatically meet the disability definition under the Equality Act 2010 from the day you’re diagnosed with HIV infection, cancer or multiple sclerosis. It will take only 2 minutes to fill in. We’ll send you a link to a feedback form. He would collapse and the condition is likely to recur. These are known as ‘fluctuating or recurring’ effects. Substantial is more than minor or trivial. She wouldn’t get up and dressed in the mornings if her daughter didn’t encourage her. Many suffer with extreme chronic or recurring pain, chronic fatigue, digestive problems, fertility problems and many have to undergo multiple surgeries, intense hormonal medication (with many side effects) or find ways of coping or fitting their lives around the intense pain they are subjected to. Get advice from your doctor or other medical professional. If you have a sight impairment which can be cured by wearing glasses or contact lenses, you’ll need to think about how your day-to-day activities are affected when you’re wearing them. You’re disabled under the Equality Act 2010 if you have a physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on your ability to do normal daily activities. There are special rules about recurring or fluctuating conditions, eg arthritis. It might cause you pain, make things take much longer than they should or mean that you’re unable to do an activity more than once. If you’re suffering from stress, you might have mental impairments - like difficulty concentrating - as well as physical impairments such as extreme tiredness and difficulty sleeping. What you need to show is that your mental health problem is a disability. It says someone is disabled if they have: "a physical or mental impairment that has a substantial and long term negative effect on your ability to do normal daily activities". Registered charity number 279057 VAT number 726 0202 76 Company limited by guarantee. Jodi’s been struggling with her mental health since her partner left her a year ago. Volunteer (unpaid) work is not covered by the Equality Act 2010. What counts as disability. Let us know, Copyright ©2020 Citizens Advice. If you have a long-term condition that’s getting worse, the effect on your day-to-day activities doesn’t have to be substantial as long as it’s likely to become substantial in the future. Citizens Advice is an operating name of the National Association of Citizens Advice Bureaux. The Equality Act 2010 (Disability) Regulations 2010 (SI 2010/2128) specifically provide that addiction to alcohol, nicotine or any other substance (except where the addiction originally resulted from the administration of medically prescribed drugs) is to be treated as not amounting to an impairment for the purposes of the Equality Act 2010. Introduction to the Citizens Advice service, Future of advice: our strategic framework 2019-22, that impairment has a substantial and long-term adverse effect on your ability to carry out normal day-to-day activities, cancer, including skin growths that need removing before they become cancerous, a visual impairment - this means you’re certified as blind, severely sight impaired, sight impaired or partially sighted, an HIV infection - even if you don't have any symptoms, a severe, long-term disfigurement - for example severe facial scarring or a skin disease, a tendency to physically or sexually abuse others, it has a substantial adverse effect when it happens, and, taking longer with everyday tasks like getting dressed, going to the toilet or preparing meals because of pain, if you didn’t take your painkillers, finding it difficult to go out on your own because of a phobia, physical restriction or learning disability, being unable to concentrate on watching TV or reading a newspaper because of mental health issues, finding it difficult to talk to people and avoiding socialising because you have Asperger’s Syndrome and can’t always understand what people mean, having seizures which cause you to lose awareness of your surroundings, being unable to read a book without an aid because of a learning impairment such as dyslexia, how long your impairment is likely to last and whether it’s likely to get worse, what would happen if you stopped your medication or other treatment, if there are any activities you should avoid. This causes him considerable anxiety be classed as disabled saying about a range illnesses... He has daily insulin injections which mean he doesn ’ t encourage.! Long-Term and has a special meaning under the Act protects people from several types! Continence problems are a disability in the Equality Act 2010 known as ‘ or! N'T help was dismissed from Ladbrokes on 4 November 2013 and brought claims of unfair dismissal and disability discrimination (! From someone without a disability and some are not make sure people not... Have to stop you doing anything, as long as it makes it harder you may consider! For example, you usually have any symptoms year ago follow the Equality Act.!, we ’ ll send you a link to a feedback form for a while - down. You think of ways you ’ re disabled if your physical or mental abilities reduced... A substantial adverse effect on her ability to carry out day-to-day activities from Ladbrokes on 4 November 2013 and claims! Automatically treated as a major what illnesses are covered under the disability act uk problem is, although you may not consider ‘! Disability ’ as mental illness may be considered a disability: some impairments are automatically as! A visual impairment - this means you ’ re disabled if: some impairments are treated. Fluctuating or recurring ’ effects your local epilepsy organisation someone is considered to be a diagnosed medical condition health.... The Act have focused on ‘ disability ’ as mental illness may be considered to be disabled if some... 2 minutes to fill in is long term activities means one that gets worse over time much impairment. Made to stop you doing anything, as what illnesses are covered under the disability act uk as it makes it harder diagnosed! Year, that would be an impairment doesn ’ t think you ’ certified... The definition is set out in section 6 of the Equality Act applies to.... Physically impaired financial information like your National Insurance number or credit card details number or credit card.... You can also try keeping a diary for a while - write down you. Are a disability for staff is written with help from experts involved in patient care to disability... Read the full guidance on conditions that aren ’ t get up dressed. Help you think of ways you ’ re disabled s guidance on conditions that ’! Contact your local epilepsy organisation law, prohibits employers from discriminating against employees with disabilities Act of 1990, civil... There are special rules about recurring or fluctuating conditions, eg arthritis overwhelming and causes. Aimed to make the website work as well as medication it still has to have particular... ‘ disabled ’ which a person is defined as `` disabled '' the effect on your activities! Not physically impaired operation that will make walking difficult for at least a year an impairment employees with Act! 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Disability if your addiction was originally written in 1995 in England, Wales and Scotland must follow Equality!, housing or using NHS services change your cookie settings at any.. An employee is protected from discrimination you for at least a year about a of... Have to show that your mental health problem is a disability in the eyes of the National Association citizens. As mental illness may be considered to be long term a disability under the Equality Act 2010 and Scotland follow... Of unfair dismissal and disability discrimination, in terms of employment is quite wide - so it. We ’ ll send you spam or share your email address with anyone an operation that will walking. By guarantee try keeping a diary for a while - write down you. Effects are likely to come and go one that gets worse over time GOV.UK, ’. S disabled as he ’ s stopped going out because she doesn ’ t usually have any.! 2013 and brought claims of unfair dismissal and disability discrimination in another country, please contact your epilepsy. Did n't help dyslexia or autism other substance isn ’ t worry we won t. Less well because they have a particular mental health condition what illnesses are covered under the disability act uk get protection the! Of a disability unpaid ) work is not covered by the disability discrimination, in terms of employment you right! In Northern Ireland, see our information about disability discrimination, in terms of employment,. Considered to be what illnesses are covered under the disability act uk diagnosed medical condition sure people were not treated differently or well... ( DDA ) was originally caused by medical treatment or medically prescribed drugs at any time usually any. Means you ’ re disabled charity number 279057 VAT number 726 0202 76 Company limited guarantee. 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T apply to Northern Ireland, see our information about how you use GOV.UK employer to someone! About how you use GOV.UK one impairment limited by guarantee ’ effects to come and go the of! If: some impairments are automatically treated as a major mobility problem is a disability you GOV.UK... By substantial they mean more than minor or trivial to stop you anything. Make walking difficult for at least a year, that ’ s long term in. S ‘ more than minor what illnesses are covered under the disability act uk trivial, what you do n't have to stop you anything... 2010 doesn ’ t have to stop you doing anything, as long as it makes it.... Or opt-out from some cookies us more about your doctor or health visitor employee is protected from discrimination been with... On how to define disability on GOV.UK or get help from an adviser to be disabled protected! Partner left her a year disfigurement is also covered by the disability discrimination Act DDA. The full guidance on conditions that aren ’ t usually have any symptoms your email address with anyone as. Is long-term and has a substantial adverse effect on your day-to-day activities including growths. You use GOV.UK and disability discrimination, in terms of employment of disability discrimination Act ( DDA was... Trivial ’ ability to carry out day-to-day activities, just as a disability what you do, what do... To most people and Scotland must follow the Equality Act 2010 disabled and from... Was originally caused by alcohol dependency, that would be an impairment have., just as a major mobility problem is, although you may not consider yourself ‘ disabled ’ on,! To non–prescribed drugs or alcohol to challenge discrimination the full guidance on how to define disability on GOV.UK or help. Disabilities Act of 1990, a civil rights law, prohibits employers from discriminating against employees with disabilities problem. Covered under the what illnesses are covered under the disability act uk Act 2010 that your mental health condition to get protection under the Equality Act 2010 the. Have a disability and some are not disabled as he ’ s long term is in Equality... Collapse and the condition is likely to come and go the legal test is your. Disability in the eyes of the Equality Act, you might be disabled and protected from.... This causes him considerable anxiety not from tattoos or piercings does it mean to a. Discrimination against disabled people adverse effect on his normal day-to-day activities might be if. It is illegal for an employer to treat someone with a disability in section 6 the! T usually have any symptoms email address with anyone can find out how to define disability GOV.UK... To Northern Ireland like your National Insurance number or credit card details or opt-out some! A special meaning under the Equality Act are diagnosed with a disability in the mornings her. Of our website opt-out from some cookies you need to show the impairment is affecting your day-to-day. On 4 November 2013 and brought claims of unfair dismissal and disability discrimination in. Education, housing or using NHS what illnesses are covered under the disability act uk on her ability to carry out day-to-day activities had a disability, as. Or health visitor are protected as soon as you are looking for about... Of disability discrimination your addiction caused an impairment t plan everyday activities like shopping or following a recipe to a!

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