Equality Act 2010
Guidance on matters to be taken into account in determining questions
relating to the definition of disability
29
C4. In assessing the likelihood of an effect lasting for 12 months, account
should be taken of the circumstances at the time the alleged
discrimination took place. Anything which occurs after that time will
not be relevant in assessing this likelihood. Account should also be
taken of both the typical length of such an effect on an individual, and
any relevant factors specific to this individual (for example, general
state of health or age).
Recurring or fluctuating effects
C5. The Act states that, if an impairment has had a substantial adverse
effect on a person’s ability to carry out normal day-to-day activities
but that effect ceases, the substantial effect is treated as continuing
if it is likely to recur. (In deciding whether a person has had a disability
in the past, the question is whether a substantial adverse effect has
in fact recurred.) Conditions with effects which recur only sporadically
or for short periods can still qualify as impairments for the purposes of
the Act, in respect of the meaning of ‘long-term’ (Sch1, Para 2(2), see
also paragraphs C3 to C4 (meaning of likely).)
C6. For example, a person with rheumatoid arthritis may experience
substantial adverse effects for a few weeks after the first occurrence
and then have a period of remission. See also example at paragraph
B11. If the substantial adverse effects are likely to recur, they are
to be treated as if they were continuing. If the effects are likely to
recur beyond 12 months after the first occurrence, they are to be
treated as long-term. Other impairments with effects which can
recur beyond 12 months, or where effects can be sporadic, include
Menières Disease and epilepsy as well as mental health conditions
such as schizophrenia, bipolar affective disorder, and certain types of
depression, though this is not an exhaustive list. Some impairments
with recurring or fluctuating effects may be less obvious in their
impact on the individual concerned than is the case with other
impairments where the effects are more constant.