If an employee is ill and their illness qualifies as a disability under the Equality Act 2010, the employer has a number of obligations towards the employee. “Disability” from the point of view of employment law does not always coincide with the understanding of disability in the medical understanding of the word.

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People with the following conditions are automatically protected under disability discrimination law:

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• Cancer

• HIV infection

• multiple sclerosis (MS)

• visual impairment – if someone has a certificate of blindness, significant visual impairment, low vision or low vision

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To be classified as a disability, a condition must "have a significant and long-term adverse effect on the ability to perform normal, everyday activities." It is not possible to provide an exhaustive list of all conditions that can be classified as a disability. In most situations, it is best to look at the impact someone's condition has on their daily life. However, these are examples that people often ask about:

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• The so-called "long covid" - long covid is still a new disease and it may take some time to fully understand it. It can affect a person's daily activities and is now thought to last or come and go over several months or even years. The effects of "long covid" can also cause other diseases.

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• Menopause - for some people, menopause can cause serious physical or mental symptoms that have long-term and significant adverse effects on normal daily activities.

 

For example, due to menopause, a person may suffer from severe depression for many years, which may affect their ability to work. This could be considered a disability under discrimination law.

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• Neurodiversity, including ADHD, autism, dyslexia and dyspraxia - attention deficit hyperactivity disorder (ADHD), autism, dyslexia and dyspraxia are forms of neurodivergence.

 

Being neurodivergent often equates to having a disability under the Equality Act 2010, even if the person does not consider themselves disabled.

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Employer:

1. Cannot treat a disabled employee worse because of his or her disability

2. Cannot treat a disabled employee less favourably because of his or her disability (for example, in connection with their absences or slower work schedule due to disability)

3. must implement reasonable adjustments, for example: a different chair, permission to work from home, different working hours, different duties or an adjusted absence disciplinary procedure more favourable to the employee 
 

Breaking these laws may allow you to submit a claim for discrimination on the grounds of disability in the Employment Tribunal.