For Disability History Month, we're giving you a rundown on the Equality Act 2010 in the UK. The act provides a framework for understanding disabilities, ensuring that individuals are protected from discrimination.
For Disability History Month, we're giving you a rundown on the Equality Act 2010 in the UK. The act provides a framework for understanding disabilities, ensuring that individuals are protected from discrimination.
Defining Disability under the Equality Act 2010
According to the Equality Act 2010, you are considered disabled if you have a physical or mental condition that has a 'substantial' and 'long-term' negative effect on your ability to perform normal daily activities. This includes tasks like getting dressed, going to the toilet, or preparing meals. It's important to note that the Act does not apply to Northern Ireland.
'Substantial' and 'Long-term' Defined
'Substantial' refers to more than minor or trivial effects, such as taking significantly longer to complete daily tasks.
'Long-term' implies lasting 12 months or more, even if the effects are recurring or fluctuating, like in the case of arthritis.
Checking if Your Disability is Long-Term
A long-term effect persists for at least a year. Even if your disability's effects come and go, they are considered long-term if they are likely to recur and have a substantial adverse effect.
Assessing the Substantial Effect of Your Disability
A 'substantial' effect on day-to-day activities goes beyond minor or trivial. This can include taking longer with everyday tasks, facing difficulties going out alone, struggling with concentration due to mental health conditions, or experiencing social challenges.
Examples of Substantial Effects
- Prolonged time for daily tasks
- Difficulty going out independently
- Concentration challenges due to mental health conditions
- Social difficulties for neurodivergent individuals
Progressive Conditions and Exceptions
Progressive conditions, those that worsen over time, automatically qualify individuals as disabled. However, certain conditions, such as HIV infection, cancer, or multiple sclerosis, result in automatic classification as disabled from the day of diagnosis.
What Doesn't Count as a Disability
The Equality Act 2010 also outlines conditions that do not fall under the disability definition, such as addiction to non-prescribed drugs or alcohol.
Automatically Treated as a Disability
Certain conditions are automatically treated as disabilities, even if they don't directly impact day-to-day activities. These include cancer, blindness, multiple sclerosis, HIV infection, and severe disfigurement.
Checking for Disability
You have a disability if your physical or mental abilities are reduced, whether or not it is a diagnosed medical condition. If you lack a formal diagnosis, medical evidence is still necessary to demonstrate the substantial and long-term adverse effects on your daily activities.
In conclusion, the Equality Act 2010 sets the groundwork for defining and addressing disabilities, ensuring that individuals with a range of illnesses and conditions are protected from discrimination. As a university student, being aware of these provisions can empower you to seek the support you need and navigate your academic journey more effectively. Whether you have dyslexia, autism, chronic migraines, or any other condition, understanding your rights under the Act is a crucial step towards creating an inclusive and supportive academic environment.
Disability History Month
Check out our blogs on the new Student Adjustments Planner and the support available for you as a disabled student, such as accessing the Disabled Students Allowance and signing up for the Disability & Neurodiversity Services!
Our Disabled Students Community Officer Alana is gathering research on the student experience at Royal Holloway, make sure to take the survey to share your thoughts!