Disabled access and facilities in business premises

When a person is considered to have a disability

Guide

In general, a person is considered to have a disability for the purposes of the if they have a physical or mental impairment, which has a substantial, long-term and adverse effect on their ability to carry out normal day-to-day activities.

The Disability Discrimination Act bans disability discrimination by service providers against service-users with disabilities. The law gives people with disabilities important rights on . It also protects the disabled from discrimination by employers against job seekers and employees with disabilities.

See how to improve access for disabled people.

Defining disability

Impairments

Impairments include:

  • physical, eg mobility impairments
  • mental, eg learning disabilities and some mental illnesses if severe and long term
  • sensory, eg hearing impairments or visual impairments

Substantial

Substantial means more than minor or trivial.

Long-term condition

Long-term means the impairment has lasted, or is likely to last:

  • for at least 12 months
  • for the rest of the life of that person

Activities

Normal day-to-day activities means activities carried out by most people on a regular and frequent basis.

What is not legally deemed a disability?

Conditions not considered to be a disability for the purposes of the Disability Discrimination Act include:

  • addiction to alcohol, cigarettes or other drugs - unless they result from drugs that have been prescribed by a doctor
  • seasonal allergic rhinitis (including hay fever)
  • a tendency to start fires
  • a tendency to steal
  • a tendency to physically or sexually abuse other people
  • exhibitionism
  • voyeurism

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