Ask Citizens Advice: do I have a disability?

Under the Equality Act 2010, you’re considered disabled if you have a physical or mental condition that has a substantial, adverse and long-term effect on your ability to carry out everyday activities.

Your condition doesn’t have to stop you from doing things completely, it just needs to make them harder, more painful or take longer than usual.

If you're getting treatment or taking medication for your physical or mental health problem, the effect of this should be ignored when deciding whether your condition is having a substantial, adverse effect on your daily activities.

What does this mean?

Substantial: more than minor or trivial (for example, taking much longer to get dressed than a person without a disability)

Long-term: lasting, or likely to last, 12 months or more

Conditions that get worse over time (called progressive conditions) can also count as disabilities.

Conditions automatically classed as a disability

Some conditions are always covered, even if they don’t affect daily activities.

These include:

• Cancer (including pre-cancerous growths)
• Being registered as blind or sight impaired
• Multiple sclerosis (MS)
• HIV (with or without symptoms)
• Severe disfigurements, such as significant scarring or skin conditions

It’s about impact, not diagnosis. The law focuses on how your condition impacts your daily life, not the medical label.

A condition may count if it:

• Has more than a small effect on everyday activities
• Makes tasks more difficult
• Has lasted, or is likely to last, at least 12 months (or may come back)

Fluctuating or recurring conditions

Conditions that come and go, such as depression, can still be classed as long-term if they have a substantial effect when they occur and they are likely to happen again.

Examples of substantial effects

A condition may have a substantial effect if you:

• Take longer to complete everyday tasks
• Struggle to go out alone due to anxiety, mobility issues or learning disabilities
• Find it hard to concentrate, communicate or socialise
• Experience seizures or loss of awareness
• Need aids for reading or communication

Minor inconveniences with little impact on daily life usually won’t count.

Disabilities in the workplace

The Equality Act 2010 protects people from discrimination at work. If you’re treated unfairly at work because of your disability this could be against the law. You can complain to your employer or take the case to an employment tribunal.

Discrimination can be direct or caused by a rule that affects you more than others.

To check if what’s happening is discrimination, you need to follow three steps.

Step 1: Check why you’re being treated unfairly

Step 2: Check if your employer is responsible for the unfair treatment

Step 3: Check what type of discrimination it is

Your employer will need to consider whether they can make any reasonable adjustments to help you do your job if you’re disabled. They can include changes to rules, working methods, or provide equipment or support. What’s “reasonable” depends on your situation, such as the size of your employer.

If your employer doesn’t make the reasonable adjustments they could, this could be discrimination. You could complain or take the matter to an employment tribunal. This can also apply to a former employer. There are strict time limits to go to a tribunal though, so seek advice straightaway.

Most adjustments are free or relatively cheap to make and you might be able to get help from Access to Work. If none of these work, you might have to raise a grievance.

For further information and advice contact Citizens Advice Wigan Borough