What Counts as a Disability at Work?

Section 6 of the Equality Act 2010 defines a disabled person as someone with 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. Every disability protection in UK employment law flows from that single test.

The definition is wider than many employers assume. There is no list of qualifying conditions, no register and no certificate, and the test captures arthritis, diabetes, epilepsy, depression, autism and thousands of other physical and mental conditions. The full wording is in section 6 of the Equality Act 2010, supported by Schedule 1.

Some conditions count automatically. Cancer, HIV infection and multiple sclerosis are disabilities from the day of diagnosis, with no need to show any effect on daily life. A small set of other conditions is excluded by regulations no matter how severe the effect.

Misjudging the question is expensive. Discrimination awards in the employment tribunal are uncapped, and in 2026 a tribunal ordered the Department for Work and Pensions to pay £17,280 to a work coach with arthritis after failures over reasonable adjustments. We analyse that judgment in our reasonable adjustments tribunal case study.

This guide explains each limb of the statutory test, the deemed and excluded conditions, and the employer duties that apply once someone meets the definition.

The Statutory Test at a Glance

What Substantial and Long-Term Mean in Practice

The Act defines substantial as more than minor or trivial in section 212(1). That is a low threshold. If a condition makes everyday tasks noticeably harder or slower, the effect is likely to be substantial, even if the person copes well at work.

Under paragraph 5 of Schedule 1, the effect of treatment is disregarded: the question is what the impairment would do if medication or other measures were withdrawn. An employee whose epilepsy is fully controlled by medication, or whose depression is managed with antidepressants, can still be disabled in law. The only exception is sight correction by glasses or contact lenses.

Long-term means the effect has lasted at least 12 months, is likely to last at least 12 months, or is likely to last for the rest of the person's life. An impairment whose substantial effect has stopped is still treated as continuing if that effect is likely to recur.

Normal day-to-day activities are not limited to workplace tasks. They include walking, climbing stairs, concentrating, remembering information, communicating and using everyday technology. The government publishes a plain-language summary of the test in its definition of disability guidance on gov.uk, and the EHRC Employment Code of Practice gives tribunals detailed interpretive guidance.

Conditions That Count as Disabilities Automatically

Paragraph 6 of Schedule 1 deems three conditions to be disabilities from the point of diagnosis: cancer, HIV infection and multiple sclerosis. The person does not need to show any adverse effect on day-to-day activities. Protection applies from day one, which matters for employees diagnosed while in post.

People certified as blind, severely sight impaired, sight impaired or partially sighted by a consultant ophthalmologist are also deemed disabled, under regulation 7 of the Equality Act 2010 (Disability) Regulations 2010.

A severe disfigurement is treated as having a substantial adverse effect without further evidence, under paragraph 3 of Schedule 1. Tattoos and decorative piercings are excluded from this rule by the regulations.

Progressive and Fluctuating Conditions

Progressive conditions get special treatment under paragraph 8 of Schedule 1. Someone with a condition that is likely to result in a substantial adverse effect qualifies as soon as the condition has some effect on day-to-day activities, even a minor one. This covers conditions such as motor neurone disease, dementia and muscular dystrophy as they develop.

Fluctuating and recurring conditions are covered by the recurrence rule in paragraph 2. Conditions such as arthritis, ME, migraine or episodic depression may have good spells and bad spells. If the substantial adverse effect is likely to return, the impairment remains long-term throughout, including during the good spells.

This is one of the most common points employers get wrong. Assessing an employee on a good day, or after treatment has taken effect, understates the legal position and can lead directly to discrimination.

Conditions Excluded by the Regulations

The Equality Act 2010 (Disability) Regulations 2010 exclude a short list of conditions from the definition. Addiction to alcohol, nicotine or any other substance is not an impairment, unless the addiction originally resulted from medically prescribed drugs or treatment.

Also excluded are a tendency to set fires, a tendency to steal, a tendency to physical or sexual abuse of others, exhibitionism and voyeurism. Seasonal allergic rhinitis, better known as hay fever, is excluded too, except where it aggravates the effect of another condition.

The exclusions are narrower than they first appear. An impairment caused by an excluded condition can still qualify in its own right, so liver disease or depression arising from alcohol dependency may meet the section 6 test even though the dependency itself does not.

Mental Health Conditions

Mental health conditions are assessed against the same test as physical ones. Depression, anxiety disorders, post-traumatic stress disorder, bipolar disorder, obsessive-compulsive disorder and eating disorders can all qualify where the effect on day-to-day activities is substantial and long-term.

Effects that count include impaired concentration, memory, sleep, motivation and social interaction. Because the effect of medication is disregarded, an employee who appears to be functioning normally on treatment may still meet the definition.

Employees are often reluctant to disclose mental health conditions. Acas guidance on disability at work asks employers to build a culture where staff feel safe raising health issues, and to train line managers to spot signs and respond without waiting for a formal disclosure.

The Duties That Follow Once the Definition Is Met

Reasonable adjustments

Sections 20 and 21 of the Act require employers to take reasonable steps to remove substantial disadvantages caused by their working practices, physical premises or the absence of auxiliary aids. The duty arises when the employer knows, or could reasonably be expected to know, that the person is disabled and disadvantaged. Failing to comply is itself an act of discrimination.

Typical adjustments include changed hours, home working, specialist equipment, adjusted absence trigger points and modified duties. Our reasonable adjustments employer guide covers the duty in detail, and Acas guidance on reasonable adjustments confirms the employer pays for adjustments, with Access to Work funding available in some cases.

The five types of disability discrimination

The Act prohibits five distinct types of conduct. Direct discrimination under section 13 is less favourable treatment because of the disability itself. Indirect discrimination under section 19 is a neutral rule or practice that disadvantages disabled people and cannot be objectively justified.

Discrimination arising from disability, under section 15, is unfavourable treatment because of something that results from the disability, such as dismissing someone for disability-related sickness absence. The employer has a defence only if the treatment was a proportionate means of achieving a legitimate aim, or if it did not know and could not reasonably have known about the disability.

Harassment under section 26 covers unwanted disability-related conduct that violates dignity or creates a hostile environment, including jokes and offhand remarks. Victimisation under section 27 protects people who raise or support discrimination complaints.

Recruitment

Section 60 restricts health questions before a job offer is made. Employers may ask only for limited purposes, such as establishing whether a candidate needs adjustments for the interview itself. Health enquiries after a conditional offer are permitted, but withdrawing the offer on health grounds must be justified.

Common Employer Errors

• Waiting for the word disability. The duties apply when the employer ought reasonably to know, not only after a formal declaration. Patterns of absence, occupational health reports and passing comments can all fix the employer with knowledge.
• Judging the effect with treatment in place. Medication, therapy and coping strategies must be discounted. A well-managed condition can still be a disability.
• Assessing fluctuating conditions on a good day. If the substantial effect is likely to recur, the condition remains long-term during remission.
• Assuming mental health conditions do not count. Depression and anxiety qualify on exactly the same test as physical impairments.
• Applying absence triggers mechanically. Counting disability-related absence towards unadjusted trigger points is a frequent source of section 15 and section 20 claims.
• Asking health questions too early. Pre-offer health questionnaires outside the section 60 exceptions create liability before employment even starts.

Tribunal Exposure

Compensation for disability discrimination is uncapped, unlike ordinary unfair dismissal. Awards can include financial losses, injury to feelings and interest. Injury to feelings is assessed under the Vento bands, which for claims presented on or after 6 April 2026 run from £1,300 to £12,600 in the lower band, £12,600 to £37,700 in the middle band and £37,700 to £62,900 in the upper band, per the Presidential Guidance Ninth Addendum.

The McRobbie v DWP judgment shows how quickly ordinary process failures become awards. The tribunal found no bad intent by individual managers, yet the employer paid £17,280 because nobody owned the adjustments process and absence trigger points were never adjusted. The full analysis is in our tribunal case lessons article.

Tribunal judgments are published online with the employer named. For most SMEs the reputational cost of a published discrimination finding outlasts the award itself.

Equality and Diversity Policy and Procedure Writers

Policy Pros writes the documents that keep the section 6 definition from becoming a tribunal problem. Our equality and diversity policy writing service produces policies that set out the statutory definition correctly, define how managers respond to disclosures and build in the referral triggers and review points that tribunals expect to see.

We also write reasonable adjustments procedures, attendance and absence policies with adjusted trigger points, and recruitment procedures that respect the section 60 restrictions. These sit within a full suite of HR policies and procedures written for your organisation rather than adapted from a generic template.

If your policies predate the current guidance, or say nothing about deemed disabilities, fluctuating conditions or adjusted absence triggers, contact us for a fixed quote.