Definition of 'disability'

The definition

"EqA" or "Equality Act" means the Equality Act 2010 (link to legislation.gov.uk)

The "2011 Guidance" means the official Guidance on matters to be taken into account in determining questions relating to the definition of disability (link to ODI) website, pdf).
This has effect from 1st May 2011, replacing the 2006 guidance, unless the act complained of was before 1st May or is a continuing act which started before 1st May. See further 2011 guidance.

A person is "disabled" for the purpose of the Equality Act 2010 if he has a "disability" as defined.

Many people with a stammer would not see themselves as "disabled" at all - see Reluctance to be seen as 'disabled'. However, the words 'disability' and 'disabled person' are given a special meaning under the Equality Act and what matters is whether you fall within this statutory definition rather than whether you would generally be considered by yourself or others as disabled.

Under section 6 EqA 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."

Much of this definition will be met by any normal stammer (see below), so the issue tends to boil down to whether the person's stammer has a substantial effect on his ability to carry out normal day-to-day activities.

The basic definition above is modified by various detailed provisions in Equality Act Schedule 1. In the case of stammering, Schedule 1 tends to make the definition wider rather than narrower.

I'll now go into the various elements of the definition:

Physical or mental impairment

It seems clear that a stammer is a 'physical or mental impairment'. See 'Physical or mental impairment'...

Example from 2011 Guidance

Example in para D17: "...A man has had a stammer since childhood. He does not stammer all the time, but his stammer, particularly in telephone calls, goes beyond the occasional lapses in fluency found in the speech of people who do not have the impairment. However, this effect can often be hidden by his avoidance strategies. He tries to avoid making or taking telephone calls where he believes he will stammer, or he does not speak as much during the calls. He sometimes tries to avoid stammering by substituting words, or by inserting extra words or phrases.

"In these cases there are substantial adverse effects on the person's ability to carry out normal day-to-day communication activities."
[It says 'these' cases because there are two non-stammering examples before this example.]

Substantial adverse effect

This is the key issue for whether a particular stammer falls within the Equality Act. 'Substantial' means only 'more than minor or trivial' (s.212(1) EqA) so the threshhold is a low one.

The most obvious kind of effect is just stammering openly. The key question here is: What is substantial? - see Substantial effect - overt stammering.

However there are also likely to be relevant effects where one hides one's stammering, through avoidance/concealment strategies such as substituting words or staying out of difficult situations - see Hiding the stammer.

Effects may be relevant even if they are not apparent because one uses speech techniques, or an electronic device (Schedule 1 para 6(1)) - see Therapy.

A stammer which does not currently have substantial adverse effects is seen as continuing to have them if they are likely to reoccur (EqA Sch 1 para 2). See Longer-term variations.

The effect must by on (ability to carry out) 'normal day-to-day activities'

This will not normally a problem. See 'Normal day-to-day activities'.

The effect must be 'long-term'

Broadly speaking, the effect of an impairment is treated as long-term if it lasts or is likely to last at least twelve months (Schedule 1 para 2(1) #). Unfortunately, a stammer will normally meet this requirement.

An impairment which ceases to have a substantial adverse effect is treated as continuing if it is likely to recur (EqA Sch 1 para 2). See Longer-term variations.

Past disability

Even if an impairment no longer has substantial adverse effects, it can be relevant as a 'past disability. See Longer-term variations.

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Definition of 'disability'

The definition

Physical or mental impairment

Substantial adverse effect

The effect must by on (ability to carry out) 'normal day-to-day activities'

The effect must be 'long-term'

Past disability

'Disability' menu

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