Equality Act 2010 disability provisions

Category: Sickness absence and disability · Reviewed by Apex Insurance Brokers · Last reviewed 2026-06-10

Category: Sickness absence and disability Also known as: EqA 2010 disability Enacted: 8 April 2010 Related concepts: Reasonable adjustments Equality Act 2010, Disabled employee provisions, Long Covid as disability

Definition

Section 6 defines disability as a physical or mental impairment that has a substantial and long-term (12 months or more) adverse effect on the person’s ability to carry out normal day-to-day activities. The Equality Act 2010 (Disability) Regulations 2010 (SI 2010/2128) supplement this with detail on progressive conditions, recurring conditions and conditions deemed to be disabilities.

Legal / Regulatory basis

Equality Act 2010, Part 2 (Equality: key concepts), Part 5 (Work). Statutory guidance issued by the Secretary of State under section 6(5) elaborates on the definition. The Equality and Human Rights Commission’s Employment Code of Practice provides further guidance with which courts and tribunals must take into account.

Scope of cover

The Act covers most aspects of employment relationships including recruitment, terms and conditions, promotion, training, dismissal, post-termination harassment and references. Insurance arrangements made by an employer for employees (including group risk and PMI cover) are subject to the Act, though Schedule 3 paragraphs 20A and 20B and the Equality Act 2010 (Age Exceptions) Order 2012 permit certain age-related distinctions for insurance products.

Practical example

An employee with severe asthma triggered by office air conditioning is treated less favourably when not selected for a promotion. The employee may bring a claim of direct discrimination (s.13), discrimination arising from disability (s.15) or failure to make reasonable adjustments (s.21). Liability depends on whether the employer can establish a justification defence or demonstrate that the asthma was not known.

See also

• Reasonable adjustments Equality Act 2010
• Disabled employee provisions
• Long Covid as disability
• Mental health absence
• Stress claim employer

References

1. Equality Act 2010 — https://www.legislation.gov.uk/ukpga/2010/15
2. Equality Act 2010 (Disability) Regulations 2010 (SI 2010/2128) — https://www.legislation.gov.uk/uksi/2010/2128
3. Equality and Human Rights Commission, Employment: statutory code of practice — https://www.equalityhumanrights.com
4. Office for Disability Issues, Guidance on matters to be taken into account in determining questions relating to the definition of disability — https://www.gov.uk

This entry is part of the Apex Insurance Wiki. Last reviewed by Apex Insurance Brokers on 2026-06-10. Next review: 2026-12-10.

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