The Equality Act 2010 defines when someone is considered to be disabled and is protected from discrimination in the workplace. Anyone with an ongoing illness may qualify for protection against discrimination.
You are disabled under the Equality Act 2010 if you have a physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on your ability to do normal daily activities such as walking, driving, cooking or eating, using public transport, writing and carrying things.
- An impairment is when your physical or mental abilities are reduced in some way. This may include when your abilities at work are reduced because of symptoms caused by Crohn’s or Colitis, such as pain, fatigue and diarrhoea.
- Substantial means more than minor. For example, bowel incontinence is substantial and negative if it is unpredictable and leads to accidents, even if it doesn’t happen frequently. Minor but frequent loss of bowel control may also be seen as substantial and negative.
- Long-term means the effect has lasted or is likely to last at least a year.
Living with Crohn’s or Colitis isn’t automatically classed as a disability under the Equality Act. However, they are conditions which might be classed as a disability depending on the effect they have on your daily life. You may not personally see yourself as being ‘disabled’ but be considered disabled under the legal definition in the Equality Act.
If you’re not sure if you are considered to be disabled under the Equality Act, get advice from your GP, IBD team or the Equality Advisory Support Service (EASS).
Your rights will not be affected because your Crohn’s or Colitis symptoms fluctuate (change over time). For example, you may have periods when you have few or no symptoms and times when your symptoms are active (such as during a flare-up). The Equality Act covers fluctuating conditions; the main point is that the overall effect is long-term.
In most cases, treatment for a health condition is not considered when deciding if someone is disabled under the law. This means that you may still benefit from the protection of the Equality Act even if your symptoms are controlled by medication.
If you think you fit the criteria of disability under the Equality Act and feel able to speak to your employer, talk to them to see how they can support you. If you have an Occupational Health (OH) department at your workplace, they may be able to provide support and guidance to both you and your employer.
Find out more about What counts as disability on the Citizens Advice website.