When Does It Become a Disability? What Counts as a Disability in the Workplace

Written by Luke Kitchen
Last updated Thursday December 14 2023

A common topic of discussion around the theme of disability and work is what does and doesn’t count as a disability in the workplace. Some people can be confused about when a condition or illness becomes a disability, and what happens next.

While it might seem like a complicated topic, it is a little easier to explain than you might imagine. In this blog, we are going to break it down and explain it in an accessible way.

Starting with acknowledging the most important piece of legislation around the matter. 

The Equality Act of 2010 

The Equality Act is your go-to resource for anything to do with disability, work, and discrimination. This Act brought together multiple old pieces of legislation and pulled everything relevant together to make the laws around these topics easier to follow. 

If you need to know anything about disability at work, it is The Equality Act that you need to consult. It is also relevant for discrimination relating to age, gender reassignment, maternity, race, and so on. 

It is the Equality Act of 2010 that lays down the law around what counts as a disability in the U.K. By its definition, 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 their ability to carry about everyday tasks.

The Act does not specify any list of disabilities, conditions, or illnesses that ‘count’ as disabilities. Rather, it is these two criteria that decide whether someone’s experiences can be deemed a disability or not. It is about people’s individual experiences and how their lives are impacted, rather than any list or directory. 

Keeping the focus as so gets rid of the opportunity for bias and judgment to enter the equation. It isn’t about opinions or stereotypes, it is about seeing disabled people as unique individuals with their own stories and experiences. 

If you want to learn more about the Equality Act and how it protects disabled people in the workplace, you can read our dedicated blog on the topic right here. 

What Happens If You Have a Disability

If your experiences do count as a disability, it is important to then know what you can do about it. Outside of work, there are benefits and financial supports available to you as a disabled person. It is worth checking out all your options for this to make sure you are making the most of what is available to you. 

Inside of work, you are protected from any decision being made about your employment due to your disability. You cannot be let go from your job, refused promotion, or denied access to anything due to your disability. It isn’t grounds for any decision. You are also protected from multiple types of discrimination, including direct and indirect discrimination, and harassment. You can read more about hidden discrimination here on our site. 

On top of this, you are entitled to extra support at work in the form of reasonable adjustments. These are changes, modifications, and additions to your work that help you do your job in a way that truly suits you. It is key that every disabled person at work makes the most of reasonable adjustment allowances so that they get the support they need. 

Common reasonable adjustments that help disabled people at work are:

  • Changes to the physical working environment including extra equipment and modified desks
  • Addition of accessible toilets, lifts, and mobility aids
  • Provision of interpreters or audio equipment 
  • Increased breaks
  • Flexible working hours
  • Time off

And many more. 

Disclosing your condition to your employer is the only way to avail of reasonable adjustments. We have a guide on disclosure at work on our site too. 

How to Get the Support You Need as a Disabled Person

Being disabled at work can sometimes be a difficult or daunting situation. Especially if you have only recently acquired your disability. As such, you need to make sure you get as much support as possible. There are lots of avenues of support out there, so it is important to get to know them and then use them. 

At Careers with Disabilities, we have lots of guides and resources to help you. If you are disabled and worried about work-related issues, we can help you learn about: 

We can also help you find accessible job opportunities with accessible employers on our disability-friendly job board.

We know how hard it is to navigate the world of work as a disabled person. So, we want to help make it a bit easier.

Check out what we can offer over on Careers with Disabilities and if you think we are missing anything, don’t hesitate to reach out and let us know. 

Share This Story

Last Updated: Thursday December 14 2023

Latest News

Title

Go to Top