How disability is defined in UK resources

Several public bodies publish explanations of how disability is treated in UK legislation. For example, Acas (the Advisory, Conciliation and Arbitration Service) provides general information to help employers and employees understand workplace topics. Acas references the Equality Act 2010, which outlines when a person may be considered to have a disability for the purposes of that legislation. According to these resources, a person is described as having a disability if:

• they have a physical or mental impairment, and

• the impairment has a long-term and substantial effect on their ability to carry out normal day-to-day activities.

Other legislation, such as the Disability Discrimination Act 1995 (DDA), also appears in some public-sector explanations and historical discussions.

Conditions that public guidance describes as automatically treated as disabilities

Government and Acas materials note that certain conditions are automatically treated as disabilities under the Equality Act 2010. Examples commonly listed include:

• cancer

• HIV infection

• multiple sclerosis (MS)

• certain categories of visual impairment

• progressive conditions that worsen over time, such as Alzheimer’s disease, motor neurone disease, muscular dystrophy and Parkinson’s disease

These publicly available sources explain that, for progressive conditions, a person may be treated as disabled when the condition begins to affect daily activities.

Frequently asked questions

We have selected some topics that people often ask about when it comes to defining disability:

• disfigurement: public guidance indicates that some forms of disfigurement may be treated as having a substantial adverse effect, depending on the circumstances
• long COVID: public sources note that long COVID may be treated as an impairment if it has long-lasting effects that impact day-to-day activities
• ADHD, autism, dyslexia and dyspraxia: Public guidance notes these neurodivergent conditions may meet the Equality Act definition depending on the individual’s circumstances.
• menopause: Some public resources explain that menopause may have long-lasting effects that could, in certain cases, meet the Equality Act definition.

Please note that there are other conditions and that the list provided is not exhaustive. Organisations often review official government or Acas guidance and may seek professional advice when considering how definitions apply in specific situations.

Ways employers may approach disability at work

Many organisations consider ways to support staff in relation to disability and inclusion, and some review public guidance when developing internal approaches. 

Developing an understanding of disability

Many employers review general information about disability discrimination provided by public bodies to build awareness of terminology and concepts. UK government and Acas guidance explain that disability is one of nine “protected characteristics” listed in the Equality Act 2010, and provides examples of discrimination types, such as direct and indirect discrimination, harassment and victimisation.

Supporting mental health at work

Workplace wellbeing initiatives are common in many organisations. Employers may consider ways to promote awareness of mental health and provide supportive environments.

Examples commonly mentioned in employer-oriented resources include promoting wellbeing initiatives, sharing information about mental health strategies, encouraging supportive team conversations and treating mental and physical health considerations with similar attention.

Improving accessibility at and to the workplace

Accessibility measures can help people participate more fully in work. Examples of accessibility efforts commonly referenced in employer guidance include:

• creating accessible routes into the workplace

• providing accessible facilities

• ensuring remote workers can use appropriate tools and technologies

• reviewing physical layouts to reduce barriers

These actions vary based on workplace needs and organisational resources.

Considering reasonable adjustments

Public guidance explains that organisations may explore “reasonable adjustments” to help reduce barriers for disabled employees or applicants. Examples often cited include:

• adjusting lighting or workstations

• modifying office layouts or building access

• providing accessible parking

• ensuring interview rooms are accessible

• offering flexible working arrangements

• allowing time off for medical appointments

• providing adapted equipment

• reallocating certain tasks where appropriate

Organisations typically consider what is practicable within the context of the role and their available resources.