UK Disability Rights · 2026
What counts as a disability under the UK Equality Act 2010?
Legal basis
Equality Act 2010 — section on legislation.gov.uk">Equality Act 2010 s.6 + Schedule 1 (definition); Equality Act 2010 (Disability) Regulations 2010; EHRC Employment Statutory Code (extensive guidance); case law including Goodwin v The Patent Office, Ekpe v Commissioner of Police, J v DLA Piper.
Your rights
Once meeting the EqA disability definition, full Equality Act protections apply: protection from discrimination (direct, indirect, harassment, victimisation, arising from disability, failure to adjust), uncapped damages, no service requirement. Coverage extends to: workplace, services, education, housing, public sector. Effects of medication/treatment are ignored (assessed without them); recurring conditions count even if currently in remission.
Employer obligations
Recognise that condition meets EqA definition once aware (or when 'reasonably should have known' — e.g., from absences, performance changes, OH report). Once recognised: full s.20 reasonable adjustments duty kicks in; full discrimination protections apply.
Practical actions
1) Assess your condition against the test: physical/mental impairment? Substantial? Long-term (12+ months OR likely to recur)? Adverse effect on day-to-day activities? 2) Get medical evidence: GP letter, specialist report, or Occupational Health assessment confirming the EqA test. 3) Document specific impacts on day-to-day activities (mobility, cognition, communication, self-care, etc.). 4) Don't be disqualified by 'good days' — assessment is at worst, not average. 5) Recurring conditions (e.g., depression, MS, ME/CFS) count even when in remission if likely to recur. 6) Effects of medication/treatment ignored — assess AS IF you weren't taking it.
If your employer refuses
If employer disputes you have a disability: provide medical evidence; reference EqA s.6 test specifically; cite Schedule 1 for fluctuating/recurring conditions; refer to OH assessment. Tribunal will determine status as preliminary issue if disputed. Specialist legal advice valuable — many tribunal disability cases turn on whether the test is met.
Worked example
Olivia has anxiety + depression for 3 years. She wasn't sure if it counted as a disability. The test: (a) Mental impairment — yes; (b) Substantial adverse effect — affected her ability to attend social meetings, communicate confidently, sleep, concentrate — clearly more than minor; (c) Long-term — 3 years and still ongoing, well over 12 months; (d) Day-to-day activities — definitely affected (work meetings, travel, social interaction, sleep). She met all four limbs. She got a GP letter confirming the EqA test, disclosed to HR, and accessed reasonable adjustments. Without checking the test against her situation, she might have continued thinking 'it's just anxiety, doesn't count' — leaving her without protection.
Recruiter pro tip
The most underused element of the EqA disability test is the 'effects of medication ignored' rule (Schedule 1 Para 5). Many people say 'I'm fine when I take my meds' and conclude they don't have a disability under EqA. Wrong. The test asks: 'Without your medication/treatment, would your condition substantially and long-termly affect day-to-day activities?' If yes, you're disabled under EqA — even if currently controlled. This dramatically expands who qualifies (depression, anxiety, ADHD, epilepsy, diabetes, hypertension, autoimmune conditions, etc.). Use this when assessing your status.
Related disability rights
How do I challenge UK disability discrimination at work?
UK disability discrimination is unlawful under the Equality Act 2010. There are 6 forms: direct discrimination…
Should I disclose my disability at work in the UK?
Disclosing a disability triggers Equality Act protections including the right to reasonable adjustments. You d…
What rights do I have for invisible disabilities at work in the UK?
Invisible disabilities (mental health conditions, neurodivergence, chronic illness, fatigue conditions, gut co…
Related across UK Rights & Guides