It’s not always easy for employers to determine whether an employee’s medical condition amounts to a disability as defined by the Equality Act 2010.
The
official definition is a "physical or mental impairment that has a
substantial and long-term adverse effect on a person's ability to carry out
normal day-to-day activities".
Conditions such as Cancer, HIV infection or Multiple Sclerosis are
automatically deemed disabilities.
The Act
states that where an impairment is subject to treatment, then you look at the
effect of that condition without the
treatment; for example someone using a hearing aid or someone with diabetes
which is being controlled by medication or diet.
However in
Sussex Partnership NHS Foundation Trust v Norris last month, the EAT
held that a life-long condition, controlled by medication, making Mr Norris
more prone to infections, is not sufficient to satisfy the definition of
disability under the Equality Act, even
if at least one such infection caused a substantial adverse effect on his
ability to carry out normal day-to-day activities.
The
guidance on disability is lengthy (see Disability Guidance).
The cautious approach for employers confronted with an employee with a
suspected disability is to consider reasonable adjustments just in case, and to
take legal advice if in any doubt.
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