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Disability definition

What does Disability mean? In legal practice, disability describes a physical or mental impairment that affects normal day‑to‑day activities and, if statutory tests are met, triggers equality law protections and duties in employment, services, housing and education. England, Wales and Scotland: Defined by section 6(1) Equality Act 2010 as an impairment with a substantial (more than minor or trivial) and long‑term (12 months+, likely to last/return) adverse effect on normal day‑to‑day activities, with detail in Schedule 1 and statutory guidance. Tribunals determine status case by case, using medical and occupational evidence. Certain conditions (including cancer, HIV and multiple sclerosis) are deemed disabilities from diagnosis. Northern...

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Equality and Human Rights Commission in Great Britain: statutory framework, governance, powers, enforcement (inquiries, investigations, unlawful act notices, section 23 agreements), PSED, gender pay gap reporting, and litigation funding

Practice notes
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Statutory framework

The (EHRC) is an independent non-departmental public body created under the Equality Act 2006 (EA 2006), which defines its functions, duties and powers. It commenced operations on 1 October 1997, replacing three previous equality bodies: the disability Rights Commission, the Commission for Racial Equality and the Equal Opportunities Commission. While institutionally separate from government, the EHRC is sponsored by the Government Equalities Office and remains accountable for public money; accordingly, it produces an annual report and a set of accounts each business year. The EHRC’s remit spans England, Scotland and Wales, with Northern Ireland excluded. For more on the EHRC’s framework, see EHRC—governance manual.

The commissioners

The EHRC’s work is directed by a board of commissioners numbering between 10 and 15, each bringing experience and expertise in equality and/or human rights. Commissioners are appointed for terms ranging from two to five years, with the possibility of re-appointment thereafter. They constitute the EHRC Board, are led by a presiding chairman and have...

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Web page updated on 21/05/2026

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