Jurisdiction(s):
United Kingdom

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Key definition

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...

Practical guidance on Smith v Manchester awards: risk assessment, valuation, evidence, Ogden Tables methodology, and distinction from Blamire awards in personal injury claims

Published by a LexisNexis PI & Clinical Negligence expert

Practice notes

The nature of the award

Where an injured person faces a handicap in the labour market because of a lingering Disability caused by their injury, they can seek a head of loss commonly known as a Smith v Manchester award, taking its name from the case that popularised the claim. A Smith v Manchester award is sometimes characterised as compensation for reduced earning capacity. Following an injury, a claimant might resume their previous role on identical pay, or comparable employment on equal or higher wages. In such situations there may appear to be no immediate deficit, yet the claimant could, in fact, still be disadvantaged later; for instance, if they lose their current job, they may struggle to secure employment. A conspicuous eye or hand impairment may invite Discrimination, or they may require absences for a painful back or forthcoming surgery. A Smith v Manchester award is ordinarily granted as a separate lump sum. It recognises the risk that future earning prospects are impaired despite current employment continuing on unchanged terms and aims to reflect that vulnerability...

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Web page updated on 21/05/2026

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