A legal definition of disability at work

The Advisory, Conciliation and Arbitration Service (ACAS) website provides a clear definition of disability at work from a law perspective. ACAS is an independent public body that aims to improve workplace relationships. The Equality Act 2010 defines when someone is considered to have a disability with an aim to protect them from discrimination. Together with the Disability Discrimination Act 1995 (DDA), they define a person with disabilities as:

• having a physical or mental impairment, and
• the impairment has a long-term effect on the person’s ability to carry out normal daily activities.

Automatic disability classification

There are some conditions that are automatically classified as a disability. As such, individuals or employees who have these conditions are automatically protected by the law. Below are some examples of conditions that automatically classify as a disability:

• having cancer
• having an HIV infection
• having multiple sclerosis (MS)
• having a visual impairment (being certified as blind, severely sight impaired, sight impaired or partially sighted)
• having a progressive condition that gets worse over time. These conditions include Alzheimer’s disease, motor neurone disease, muscular dystrophy and Parkinson’s disease.

For individuals who have been diagnosed with a progressive condition, the law considers that they have a disability as soon as their daily life is affected.

Conditions that are not automatically classified as a disability

Below is what the Equality Act 2010 says about disability for those who are not automatically classified as having a disability. In this case, disability is defined as:

• having a physical impairment, or
• having a mental impairment
• the impairment should ‘have a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities’

We provide further explanations on the definition below:

• In this instance, ‘impairment’ means having reduced physical or mental abilities. This can be the result of a medical condition.
• The meaning of ‘substantial adverse effect’ is that it has more than a minor impact on someone’s life.
• ‘Long-term’ means that the person is affected for at least a year or the rest of their life. If the effect fluctuates and comes and goes, ‘long-term’ might still be considered.
• ‘Normal day-to-day activities’ may mean driving, following guidelines, carrying objects, standing up, using computers, communicating with people and much more.

For more details on this definition, check the NHS Employers website.

Frequently asked questions

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

• disfigurement: disfigurement may be considered by law as a substantial adverse effect, depending on its severity
• long COVID: long COVID is fairly new. If a person’s daily activities are affected, and the effects are long-lasting, long COVID may be considered an impairment
• ADHD, autism, dyslexia and dyspraxia: These are all neuro-divergent conditions and usually classified as disabilities
• menopause: menopause may have some long-lasting effects on physical and mental health and as such may be considered a disability

Please note that there are other conditions and that the list provided is not exhaustive. You may want to seek advice as you apply a case-by-case approach.

The role of employers when it comes to disability at work

It is the employer’s role to provide the appropriate support to their staff when it comes to disability at work. We have summarised this role and its responsibilities in the section below.

The duty to understand disability

Knowing what classifies as disability and understanding the law in terms of disability discrimination is part of an employer’s role. The Equality Act 2010, which is the law on discrimination, includes disability as one of the nine ‘protected characteristics’. It is the employer’s responsibility to do everything they can to protect their people from discrimination, harassment and victimisation in the workplace. As such, implementing steps to prevent disability discrimination is part of an employer’s daily life.

Reading about discrimination laws and being aware of the types of discrimination such as direct and indirect discrimination helps to keep employers informed and up-to-date on legislation. Disadvantageous treatment, harassment and victimisation are all examples of discrimination.

Implementing supportive actions to and for mental health at work

It is part of an employer’s role to take any mental health challenges that employees might be facing seriously. Understanding what can be done to support the employee in question can require effort on the employer’s behalf. Through this process, discretion is appropriate. Being aware that there are many types of mental health issues and that they can be sudden, linked to life events or build up gradually over time can help employers to identify the needs of their employees. Mental health issues can include depression, anxiety, stress, bipolar disorder, schizophrenia and many more. We have selected below some actions or arrangements employers can implement to support their employees facing these challenges:

• promote wellness at work
• understand mental health and communicate about it and its importance in the workplace
• treat mental health and physical health as equally significant
• encourage leaders to have regular one-to-ones with their team members to discuss the challenge in a professional manner
• create mental health strategies and educate the workforce appropriately
• ensure employees are given the time they need to recover
• create a safe working environment

Wellbeing action plans can be created by businesses to support mental health at work.

Providing accessibility at work and to the workplace

Accessibility matters. It supports people, including staff and visitors, and boosts inclusive behaviour. It has an impact on staff morale by demonstrating that everyone is treated fairly and by showing care. It displays commitment from the business to create an inclusive environment, one that supports its employees. By removing barriers and making sure everyone can access the workplace, employers make valuable reasonable adjustments. Below are some examples of accessibility efforts delivered by businesses:

• making changes to the outside of the workplace to ensure that people with disabilities can access the premises
• having accessible toilets and staff rooms
• ensuring employees who work remotely have the appropriate work environment and can access what they need remotely to effectively deliver on their job. This includes tools and technologies

Deploying reasonable adjustments

What are reasonable adjustments? To understand this concept better, here are some concrete examples of reasonable adjustments:

• making changes to the physical workplace such as to the lighting or workstation
• changing the layout of the office or the access to the building
• providing accessible parking spaces
• having meeting rooms for interviews that are accessible
• implementing working arrangements with for example flexible hours or working from home
• tolerating absences, including time off for medical appointments
• having appropriate equipment such as chairs, computer software and more
• allocating the work differently

Working arrangements are modifications that an employer implements to reduce the disadvantage of an employee with a disability. There are many different working arrangements possible, and they will depend on the nature of the job and the challenges that the disability presents. With staff presenting impairments, employers demonstrate efforts that go beyond what they do for the rest of their workforce. The idea is to compensate by providing adapted working conditions. This duty applies to employees, contractors and self-employed staff. It should also apply to job applicants.

Improving DE&I (diversity, equality and inclusion) in your workplace

Let’s define what we mean by DE&I and drill down to the specifics:

• Diversity: diversity is the range and demography of the workforce in the business. It refers to the value of differences in terms of age, religion, disability, gender and much more.
• Equality: equality in the workplace mostly refers to fair treatment and equal job opportunities for employees.
• Inclusion: having an inclusive workplace means that people are valued regardless of their roles
• . They evolve in a safe environment and can express themselves.

It is the employer’s responsibility to work at continuously improving the DE&I in their organisation. By doing so, they will create a healthy work environment where bullying, discrimination and harassment are banned. By having an inclusive work environment, businesses will be more successful as their employee satisfaction rate will be high. Staff will be motivated, and retention rates will be at their best. 

For more information on this topic, check our articles on:

• Promoting diversity and inclusion in the workplace
• Gender equality in UK workplaces
• HR and equal employment opportunities

We highly recommend that employers educate themselves on this topic and continuously implement actions and policies that protect their workforce when it comes to disability. This will make for more diversity in their teams and bring inclusive values to their business, thus having a positive impact on their company culture.