[2024] UKUT 406 (AAC)

Disability is a protected characteristic under the 2010 Act (section 4). “Disability” is defined by section 6 of the Act, subsection (1) of which provides:

“(1)

A person (P) has a disability if –

(a)

has a physical or mental impairment, and

(b)

the impairment has a substantial and long-term adverse effect on P’s ability to carry out normal day-to-day activities.”

Section 212(1) provides that “substantial” means “more than minor or trivial”.

Section 6 is supplemented by Schedule 1 to the Act, paragraph 2 of which provides:

“(1)

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.”

Section 6(5) empowers a Minister of the Crown to issue guidance about matters to be taken into account in deciding any question for the purposes of section 6(1). Guidance has been issued entitled Disability: Equality Act 2010 – Guidance on Matters to be Taken into Account in Determining Questions Relating to the Definition of Disability (first published May 2011; republished February 2022). Within the guidance: