Disability Under the Equality Act, 'disability' means a physical or mental impairment, which has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities: - 'substantial' means more than minor or trivial - 'long-term' means that the effect of the impairment has lasted or is likely to last for at least twelve months or for the rest of the affected person’s life (there are special rules covering progressive, recurring or fluctuating conditions) - 'normal day-to-day activities' include everyday things like eating, washing, walking and going shopping Impairments can include sensory impairments, such as sight and hearing, or mental impairments such as learning disabilities, dyslexia and mental illness. A severe disfigurement counts as a disability. Cancer, HIV infection and multiple sclerosis are deemed disabilities as soon as they are diagnosed. In some cases, even if medical aids or treatment are used to help control or remove a disability, it is still to be treated as a disability. Examples of this include the use of an artificial limb or medication to control epilepsy. However, visual impairment corrected with glasses or contact lenses is not regarded as a disability. Although a minor impairment may not, on its own, count as substantial, a number of minor impairments taken together may be seen as having a substantial effect. If an impairment stops having a substantial effect, it can still be regarded as an impairment if there is a reasonable likelihood of the condition recurring, for example, epilepsy. People who are blind or partially sighted are treated as having a disability if they are so certified by a consultant ophthalmologist, or so registered by a local authority. If an individual has been disabled in the past due to a condition from which they have since recovered or from which they are in remission, then they are still protected from discrimination, victimisation or harassment by the Act. Facts and Figures There are over 10 million with a limiting long term illness, impairment or disability in Great Britain. (Family Resources Survey 2009/10) Disabled people are around twice as likely not to hold any qualifications compared to non-disabled people, and around half as likely to hold a degree level qualification. (Labour Force Survey Q2 2010) In 2009/09 one in ten students studying for a first degree in the UK were known to be disabled (ECU 2009); students with a disability are as likely to achieve a good degree as those not known to have a disability, with little variation among students with different impairment types (HESA Student Record 2009/09) The employment-rate gap between disabled and non-disabled people has decreased from around 36 per cent in 2002 to around 30 per cent in 2009. (Labour Force Survey Q2 2002 and Q2 2009) However, disabled people remain far less likely to be in employment. In 2011, the employment rate of disabled people was 48.8 per cent, compared with 77.5 per cent of non-disabled people. (Labour Force Survey Q2 2011) Disabled people are significantly more likely to experience unfair treatment at work than non-disabled people. In 2008, 19 per cent of disabled people experienced unfair treatment at work compared to 13 per cent of non-disabled people. (Fair Treatment at Work Survey 2008) Useful Links and Support Advisory Conciliation Arbitration Service (ACAS) Department for Work and Pensions EmployAbility Equality and Human Rights Commission Trade Union Congress Home Office Equalities information Office for Disability Issues The Shaw Trust This information is provided by the Employers Network for Equality and Inclusion. To find out more about the enei, go to www.enei.org.uk.

Disability

Under the Equality Act, 'disability' means a physical or mental impairment, which has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities:

- 'substantial' means more than minor or trivial
- 'long-term' means that the effect of the impairment has lasted or is likely to last for at least twelve months or for the rest of the affected person’s life (there are special rules covering progressive, recurring or fluctuating conditions)
- 'normal day-to-day activities' include everyday things like eating, washing, walking and going shopping

Impairments can include sensory impairments, such as sight and hearing, or mental impairments such as learning disabilities, dyslexia and mental illness. A severe disfigurement counts as a disability. Cancer, HIV infection and multiple sclerosis are deemed disabilities as soon as they are diagnosed.

In some cases, even if medical aids or treatment are used to help control or remove a disability, it is still to be treated as a disability. Examples of this include the use of an artificial limb or medication to control epilepsy. However, visual impairment corrected with glasses or contact lenses is not regarded as a disability.

Although a minor impairment may not, on its own, count as substantial, a number of minor impairments taken together may be seen as having a substantial effect. If an impairment stops having a substantial effect, it can still be regarded as an impairment if there is a reasonable likelihood of the condition recurring, for example, epilepsy.

People who are blind or partially sighted are treated as having a disability if they are so certified by a consultant ophthalmologist, or so registered by a local authority.

If an individual has been disabled in the past due to a condition from which they have since recovered or from which they are in remission, then they are still protected from discrimination, victimisation or harassment by the Act.

Facts and Figures
There are over 10 million with a limiting long term illness, impairment or disability in Great Britain. (Family Resources Survey 2009/10)

Disabled people are around twice as likely not to hold any qualifications compared to non-disabled people, and around half as likely to hold a degree level qualification. (Labour Force Survey Q2 2010)

In 2009/09 one in ten students studying for a first degree in the UK were known to be disabled (ECU 2009); students with a disability are as likely to achieve a good degree as those not known to have a disability, with little variation among students with different impairment types (HESA Student Record 2009/09)

The employment-rate gap between disabled and non-disabled people has decreased from around 36 per cent in 2002 to around 30 per cent in 2009. (Labour Force Survey Q2 2002 and Q2 2009)

However, disabled people remain far less likely to be in employment. In 2011, the employment rate of disabled people was 48.8 per cent, compared with 77.5 per cent of non-disabled people. (Labour Force Survey Q2 2011)

Disabled people are significantly more likely to experience unfair treatment at work than non-disabled people. In 2008, 19 per cent of disabled people experienced unfair treatment at work compared to 13 per cent of non-disabled people. (Fair Treatment at Work Survey 2008)

Useful Links and Support

Advisory Conciliation Arbitration Service (ACAS)
Department for Work and Pensions
EmployAbility
Equality and Human Rights Commission
Trade Union Congress
Home Office Equalities information
Office for Disability Issues
The Shaw Trust

This information is provided by the Employers Network for Equality and Inclusion. To find out more about the enei, go to www.enei.org.uk.