The Equality Act 2010 defines disability as a physical or mental impairment which has a substantial and long-term adverse effect on the disabled person’s ability to carry out normal day-to-day activities. ADHD (attention deficit hyperactivity disorder) can encompass many symptoms, with the type and severity of symptoms varying according to the individual. If you do have ADHD symptoms, you may meet the definition of disability under the Equality Act 2010.
ADHD
Symptoms of ADHD involve your ability to pay attention to things, having high energy levels and your ability to control your impulses, according to www.nhs.uk/conditions/adhd-adults/.
As set out here, you may show signs of being inattentive such as:
- Being easily distracted or forgetful
- Finding it hard to organise your time
- Finding it hard to follow instructions or finish tasks
- Losing things often like your wallet, mobile or keys.
You may show signs of being hyperactive and impulsive including:
- Having a lot of energy or feeling restless
- Being very talkative or interrupting conversations
- Making quick decisions without thinking about what might happen as a result.
You may have some or all of these symptoms or you may have different symptoms.
What Is A Disability For The Purposes Of The Equality Act 2010?
The Equality Act 2010 defines disability as a physical or mental impairment which has a substantial and long-term adverse effect on (the disabled person’s) ability to carry out normal day-to-day activities.
Substantial means something more than a minor impact or inconvenience. The Employment Tribunal are aware that medical impairments can fluctuate. Symptoms may come and go completely or increase and decrease in their severity. The Employment Tribunal are also aware that people with medical impairments may have their symptoms alleviated through medication or indeed through their own coping strategies. The ability of a disabled person to cope with a medical impairment does not mean that the impact upon them is not substantial.
The medical impairment also has to be long-term which means the effects must have lasted (or will be likely to last) for at least 12 months.
The reference to day-to-day activities refers to normal everyday activities, which includes your workplace activities. The Employment Tribunal have considered activities such as using a computer, writing, mobility and driving to be day-to-day activities.
There are some conditions, such as cancer, where the person is automatically considered to be disabled and entitled to protection.
Is ADHD Therefore A Disability For The Purposes Of The Equality Act 2010?
ADHD does not have automatic status as a disability, but if you have ADHD symptoms that have a substantial and long-term adverse effect on you, then you may have a disability for the purposes of the Equality Act 2010.
Having a clear diagnosis of ADHD is not necessarily required. The issue is whether your symptoms have a substantial and long-term adverse effect on your ability to carry out carry out normal day-to-day activities. People with ADHD symptoms are likely to have had symptoms for a long time even if they have not known the reasons for those symptoms. Establishing that symptoms are long-term is not therefore usually a problem. What usually needs more consideration is whether the symptoms are substantial and to what extent they have an adverse effect. If you take medication to manage or ‘mask’ symptoms (many people with ADHD report ‘masking’), this does not mean the impact upon you is not substantial.
ADHD In The Workplace
Having symptoms of ADHD may sometimes cause issues within the workplace. For example, if you do find it difficult to organise your time or follow instructions this might affect your performance.
If you do meet the definition of disability under the Equality Act 2010 in relation to your ADHD you are protected from disability discrimination by your employer. There is a positive duty on your employer to make any ‘reasonable adjustments’ to help you manage your ADHD. For example, if you find it hard to follow verbal instructions, a reasonable adjustment may be for your employer to provide you with written instructions. If you find it hard to organise your time, a reasonable adjustment may be regular 1:1 meetings with your manager to plan and structure your tasks.
Employment Tribunal Claims For Disability Discrimination
The Equality Act 2010 sets out various ways in which an employer’s treatment of a disabled person (or a person the employer believes is disabled) can be unlawful and could give rise to a disability discrimination claim at the Employment Tribunal. A claim might arise, for example, from your employer’s failure to make reasonable adjustments, or from your employer’s decision to place you on a performance management plan because you are disabled or because of something arising from your disability.
Lincs Law Employment Solicitors Can Help You
If you would like advice on your own situation please contact us for a free enquiry on 01522 440512 or via the web chat or contact form on our website at www.lincslaw.co.uk.
Kathryn Bolton
Associate
Specialist Employment Solicitor
Lincs Law Employment Solicitor
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