Disability

EMPLOYEE INFORMATION

f an employee has a health condition that meets the definition of a disability under the Equality Act 2010, the employer has specific legal duties towards them.

Importantly, disability in employment law does not always match the medical definition. What matters is the impact on daily life, not the label of the diagnosis.

When is a condition considered a disability?

A condition is classed as a disability if it:

• has a substantial effect on day‑to‑day activities, and

• is long‑term – lasting or expected to last 12 months or more.

Conditions automatically treated as disabilities

Some conditions are protected automatically:

• cancer (any type),

• HIV infection,

• multiple sclerosis (MS),

• severe visual impairments (registered blind or partially sighted).

Common conditions that may qualify as disabilities

Long Covid

Long Covid can cause fatigue, cognitive issues, breathlessness and other symptoms lasting months or years.

Since 2025, EHRC guidance confirms that long Covid can be a disability if it meets the legal criteria.

Menopause

For some people, menopause causes severe physical or psychological symptoms.

If these symptoms have a long‑term and substantial impact, they may amount to a disability.

Updated EHRC guidance (2025) encourages employers to actively support menopausal employees.

Neurodiversity

ADHD, autism, dyslexia, dyspraxia and other forms of neurodivergence often meet the legal definition of disability, even if the individual does not identify as disabled.

Since 2026, there has been a rise in claims involving lack of reasonable adjustments for neurodivergent employees.

Employer duties

An employer must:

Not treat a disabled employee unfavourably because of their disability.
Not treat them unfavourably because of something arising from their disability, such as absence or slower processing speed.
Make reasonable adjustments, which may include:

• flexible or adjusted working hours,

• remote or hybrid working,

• changes to duties,

• specialist equipment,

• extra time for tasks,

• adjustments to disciplinary or attendance procedures,

• clearer instructions or organisational support.

EHRC guidance now emphasises that flexible working can be a reasonable adjustment, and employers must consider it seriously.

If these duties are breached

Failure to make reasonable adjustments or treating someone unfavourably because of disability can lead to a disability discrimination claim in the Employment Tribunal.

If you’re unsure whether your condition qualifies as a disability or whether your employer is meeting their obligations, I can review your situation and explain your rights.