Equality Act 2010, section 6

Disability

Part 2 Equality: key concepts

(1)A person (P) has a disability if—

(a)P has a physical or mental impairment, and

(b)the impairment has a substantial and long-term adverse effect on P's ability to carry out normal day-to-day activities.

(2)A reference to a disabled person is a reference to a person who has a disability.

(3)In relation to the protected characteristic of disability—

(a)a reference to a person who has a particular protected characteristic is a reference to a person who has a particular disability;

(b)a reference to persons who share a protected characteristic is a reference to persons who have the same disability.

(4)This Act (except Part 12 and section 190) applies in relation to a person who has had a disability as it applies in relation to a person who has the disability; accordingly (except in that Part and that section)—

(a)a reference (however expressed) to a person who has a disability includes a reference to a person who has had the disability, and

(b)a reference (however expressed) to a person who does not have a disability includes a reference to a person who has not had the disability.

(5)A Minister of the Crown may issue guidance about matters to be taken into account in deciding any question for the purposes of subsection (1).

(6)Schedule 1 (disability: supplementary provision) has effect.

Definitions used in section 6 1

substantial

“substantial” means more than minor or trivial;

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

Cases considering section 6 177

Akerman-Livingstone v Aster Communities Limited

[2015] UKSC 15 · 11 March 2015

A person is disabled where a physical or mental impairment has a substantial and long-term adverse effect on normal day-to-day activities. The appellant satisfied that definition (see paras [3]; [67]).

Nicole Moustache v Chelsea and Westminster Hospital NHS Foundation Trust

[2025] EWCA Civ 185 · 27 February 2025Defines

The judgment used section 6 as the statutory framework for disability status and assessed whether the employee’s references to mental health clearly invoked that framework. (see paras [4], [10], [55]-[56]) The court relied on section 6(1) in explaining that disability requires a physical or mental impairment with a substantial and long-term adverse effect on normal day-to-day activities. The second ET1 did not clearly assert those elements. (see paras [55]-[56]) The court used section 6(2) to explain that a reference to a disabled person means a person who has a disability, as part of assessing whether the second ET1 identified disability status. (see para [55])

Stephen Sullivan v Bury Street Capital Limited

[2021] EWCA Civ 1694 · 16 November 2021

The court applied the statutory definition and held that the Tribunal was entitled to distinguish a mental impairment from a continuing substantial adverse effect on normal day-to-day activities. The Tribunal’s conclusion that the claimant was not disabled involved no error of law. (see paras [36]-[44]) The court considered the statutory basis for disability guidance. A tribunal must take account of guidance it considers relevant, but failing to mention material not drawn to its attention did not, on these facts, establish an error of law. (see paras [65]-[75])

157 more judgments, and what each says about section 6, are in the case-law panel in the full Act.

Explanatory note

38.This section establishes who is to be considered as having the protected characteristic of disability and is a disabled person for the purposes of the Act. With Schedule 1 and regulations to be made under that Schedule, it will also establish what constitutes a disability. Where people have the same disability, they share the protected characteristic of disability.

39.It provides for Ministers to issue statutory guidance to help those who need to decide whether a person has a disability for the purposes of the Act.

40.This section, Schedule 1, and regulations to be made under Schedule 1 replace similar provisions in the Disability Discrimination Act 1995 and provisions in secondary legislation made under that Act.

All the explanatory notes for the Act

Amendments and notes

1 notes from legislation.gov.uk

Commencement

  1. I7S. 6 wholly in force; s. 6 not in force at Royal Assent see s. 216; s. 6(5) in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; s. 6(6) in force for certain purposes at 4.8.2010 by S.I. 2010/1966, art. 2; s. 6 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(2)(b) (with art. 15)