Equality Act 2010, Schedule 1, paragraph 5

Effect of medical treatment

SCHEDULE 1 Disability: supplementary provision

5 (1) An impairment is to be treated as having a substantial adverse effect on the ability of the person concerned to carry out normal day-to-day activities if—

(a) measures are being taken to treat or correct it, and

(b) but for that, it would be likely to have that effect.

(2) “Measures” includes, in particular, medical treatment and the use of a prosthesis or other aid.

(3) Sub-paragraph (1) does not apply—

(a) in relation to the impairment of a person's sight, to the extent that the impairment is, in the person's case, correctable by spectacles or contact lenses or in such other ways as may be prescribed;

(b) in relation to such other impairments as may be prescribed, in such circumstances as are prescribed.

Definitions used in Schedule 1, paragraph 5 2

substantial

“substantial” means more than minor or trivial;

Defined in s.212(1) · see it in the full Act
prescribed

“prescribed” means prescribed by regulations;

Defined in s.212(1) · see it in the full Act

Cases considering Schedule 1, paragraph 5 21

McMahon v Watford Borough Council

[2020] EWCA Civ 497 · 8 April 2020Interprets

An impairment is assessed for disability purposes by disregarding treatment or corrective measures where, without them, it would probably have a substantial adverse effect. This differs from vulnerability, for which available treatment and support are taken into account (see paras [6]; [45]; [55]).

S Pal v Accenture (UK) Ltd

[2026] EAT 12 · 19 January 2026

The Tribunal had to consider the effects that endometriosis would have had absent medical treatment, rather than assessing only its ameliorated effects. (see paras [95]; [104])

Dr Oleg Iourin v The Chancellor, Masters and Scholars of the University of Oxford

[2023] EAT 108 · 24 August 2023

The counterfactual treatment provision required evidence of the likely effect on normal day-to-day activities if medication were not taken. The Tribunal considered that issue and was entitled to reject it because evidence of medication effects and risks was absent (see paras [74]-[80]).

2 more judgments, and what each says about Schedule 1, paragraph 5, are in the case-law panel in the full Act.

Amendments and notes

1 notes from legislation.gov.uk

Commencement

  1. I78Sch. 1 para. 5 wholly in force at 1.10.2010; para. 5 not in force at Royal Assent see s. 216; para. 5 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 1 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(2)(g) (with art. 15)