Under the Equality Act 2010, a person has a disability 'if they have a physical or mental impairment, and the impairment has a substantial and long-term adverse effect on his or her ability to carry out normal day-to-day activities'. 'Substantial' is defined by the Act as 'more than minor or trivial'. An impairment is considered to have a long term effect if:
- It has lasted for at least 12 months
- It is likely to last for at least 12 months, or
- It is likely to last for the rest of the life of the person.
Normal day-to-day activities are not defined in the Act, but in general they are things people do on a regular or daily basis. The definition has a very wide meaning as both work, study and non –work activities are covered e.g. communicating, reading, writing, using a computer as well as washing, walking and getting dressed. 'Normal' means normal for people generally, rather than for a particular individual.
Employment case law has highlighted that work activity does not have to be 'day-to-day' but covers activities that are required to participate in professional life e.g. activities used to select individuals for recruitment and promotion.
Only serious visual impairments are covered by the Equality Act 2010. For example, a person whose eyesight can be corrected through the use of prescription lenses is not covered by the Act; neither is an inability to distinguish between red and green. The same logic does not apply to hearing aids. If someone needs to wear a hearing aid, then they are likely to be covered by the Act. However, both hearing and visual impairments have to have a substantial adverse effect on the ability to carry out normal day-to-day activities in order for a person to be covered by the Act.