This is a two part test:

Part 1 – proof that the claimant has a disability as defined by the Act;

Part 2 – proof that the claimant has been treated unfairly because of that disability.

Part 1 of this test …

The claimant would have to be able to prove that it is harder for them to do everyday things and has been or is likely for you to continue to find it harder for them to do those things for at least year because of a ‘physical or mental impairment’ which might include:

• physical impairments (e.g. mobility difficulties);
• sensory impairments (e.g. visual or hearing impairments);
• learning difficulties, including people with specific learning difficulties such as dyslexia;
• mental health conditions which have a long-term effect;
• genetic and progressive conditions, if the condition affects your ability to carry out normal day-to-day activities;
• conditions which are characterised by a number of cumulative effects such as pain or fatigue;
• hidden impairments such as asthma or diabetes, if these have an effect on your day-to-day activities;
• diagnosed conditions that are not necessarily affecting you right now, but could return (recurring conditions) or get worse later on (progressive conditions).

[N.B. Successful measures to treat or correct impairments (for example, medication) do not exempt the impairment]. 

Then … Part 2 of this test …

The claimant would also have to prove that there is a link between their unfair treatment and their disability that could have been reasonably avoided.

Types of possible discrimination related to disability that are covered by the Act.

The Equality Act only protects people who have a disability against these types of discrimination:

• Direct discrimination (including discrimination by perception and discrimination by association);
• Indirect discrimination;
• Discrimination arising from disability;
• Failure to make reasonable adjustments;
• Harassment; and
• Victimisation.

N.B. It is possible to have experienced discrimination in more than one way.