What is a disability?

In the context of an employment tribunal claim for disability discrimination, 'disability' has a strict legal meaning, which you can find in the Equality Act 2010. 

Disability is defined as "a physical or mental impairment which has a substantial and long-term adverse effect on the ability to carry out normal day-to-day activities."

It is up to the claimant to demonstrate that they have a disability. The government has published updated guidance on the meaning of 'disability' (PDF, 789KB).

Note: This content is provided as general background information and should not be taken as legal advice or financial advice for your particular situation. Make sure to get individual advice on your case from your union, a source on our free help page or an independent financial advisor before taking any action.