It is a regular issue for UK employers in either dealing with employees on long term sick leave or on receipt of employment litigation, as to whether the employee is disabled for the purposes of the Equality Act 2010 and whether it is worth contesting this at an Employment Tribunal hearing.
The definition of disability in the UK model is long (and slightly unwieldy) but a key consideration is the level of impact that the alleged disability has on a person’s ability to do their normal day-to-day activities. The Equality Act Code of Practice give examples of considerations that will be taken into account when determining whether the individual comes within the definition. These include: the ability to carry goods; walk certain distances and levels of concentration. Helpfully, it also gives examples of those potential areas of impact which would not automatically satisfy the test.