Gateways guidance: 4.2 Who is a ‘disabled person’?
The Equality Act 2010 defines a disabled person as:
- ‘A person (P) has a disability if P has a physical or mental impairment which has a
- a. long-term and
- b. substantial adverse effect on P’s ability to carry out normal day-to-day activities.’
As this is a legal definition, it is ultimately for a court or tribunal to determine to whom it applies. Where there is doubt about whether an individual will be covered, it is best practice to assume that they will be and focus on identifying reasonable adjustments that will assist them.
The effect of an impairment is long-term if:
- a. It has lasted for at least 12 months
- b. It is likely to last for at least 12 months or
- c. It is likely to last for the rest of the life of the person affected.
A ‘substantial’ adverse effect is defined in the Act as one that is ‘more than minor or trivial’.
Medical schools, postgraduate deaneries and employers should use this definition when considering how to assess and support disabled applicants, students and employees. They should also encourage a greater understanding of who is protected by the Act, and seek to protect the rights of disabled people in their use of all the services at university and medical school.
People with a range of impairments and long-term health conditions are included in this definition, such as people who are hard of hearing or have mental health issues, multiple sclerosis, cancer or HIV. Importantly, others who would not usually describe themselves as disabled people, such as those with dyslexia, may be protected by the Act if the effects of the impairment are 'long term' 'adverse' and 'substantial' on normal day-to-day activities. People with hidden disabilities such as epilepsy are also covered.
Progressive or recurring conditions will amount to disabilities in certain circumstances.
Many people who are technically disabled, and so are covered by the Equality Act, do not describe themselves as such and so may not think of asking for reasonable adjustments.
Medical and social models of disability
The traditional medical model sees disability as a condition which may reduce the individual’s quality of life. A person’s medical diagnosis is used to define that person as well as affecting access to services and life chances. In this model, the impairment is seen as the problem.
In the social model of disability, the problem of disability lies with society, not with the disabled person. Barriers caused by attitudes in society as well as environmental and organisational barriers disable the individual. This model distinguishes between impairment (the loss of function) and disability (the discrimination arising from that impairment). Here, disability can be prevented or removed by dismantling the barriers affecting people with impairments. This is the thinking behind recent developments in disability legislation and informs the language and advice used in this guidance.