The Definition of Disabled
The Disability Discrimination Act defines a disabled person as someone who has “a physical or mental impairment which has a substantial and long-term adverse effect on the person’s ability to carry out normal day-to-day activities”. Given the importance of adhering to the DDA, here is a brief insight into this definition.
By “substantial and long-term adverse effect”, we are to understand that the disability does not necessarily have to be severe to class as disabling, but must be more an a trivial injury and likely to last more than a year.
By “normal day-to-day activities”, we are to understand that the disability must affect one of the following: mobility; manual dexterity; physical co-ordination; continence; ability to lift, carry or otherwise move everyday objects; speech, hearing or eyesight; memory or ability to concentrate, learn or understand; or perception of the risk of physical danger.
From the above explication, it should be clear that the DDA definition of “disabled” includes both physical and mental impairment. Mental impairment includes all recognised mental illnesses and learning difficulties, whereas physical impairment includes adverse changes to a part of the body caused through illness, by accident or from birth. This includes long-term health conditions, progressive conditions and conditions affecting the senses. Examples include people with diabetes, multiple sclerosis, HIV and cancer, as well as people with sight, hearing and mobility impairments.
Knowing what counts as a disability is integral to adhereing to lawful conduct under the DDA. For more help and advice, seek out employment solicitors.
