Definition of disability text alternative

Definition of disability

An impairment that has a substantial long-term adverse effect on a person's ability to carry out normal day-to-day activities

  • Substantial = more than minor or trivial
  • Long-term = has lasted or likely to last at least 12 months
  • Normal day-to-day activities = things people do on a regular daily basis

The definition covers:

  • Fluctuating or recurring conditions e.g., rheumatoid arthritis
  • HIV, cancer, and multiple sclerosis (from diagnosis)
  • Other progressive conditions, such as motor neurone disease, muscular dystrophy, and forms of dementia
  • A person who is certified as blind, severely sight impaired, sight impaired, or partially sighted
  • Severe disfigurement
  • Range of conditions as long as three criteria above are met:
    • Sensory impairments
    • Autoimmune conditions
    • Organ-specific conditions (e.g., asthma, cardiovascular disease)
    • Conditions such as autism spectrum disorder and ADHD
    • Specific learning difficulties (e.g., dyslexia, dyspraxia)
    • Mental health conditions
    • Impairments by injury to the body

Mental health conditions are considered disabilities if they meet the criteria of the definition (substantial, long-term adverse effect on normal day-to-day activities)

Duty to make reasonable adjustments

  • Obligation to make adjustments to the way they do things to remove barriers for disabled people. Only obliged to make adjustments that are considered reasonable.
  • Factors to be taken into account:
    • How effective is change at overcoming disadvantage
    • How practicable changes are
    • Cost of making changes
    • Organisation’s resources
    • Availability of financial support
  • It is good practice for an organisation declining a request for an adjustment to provide an audit trail explaining why it was not considered reasonable.
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