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Office of the President and Provost (Equality, Diversity & Inclusion)

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Defining Disability

The Social Model of Disability

The Social Model of Disability is a concept developed by Disabled and Neurodivergent people and describes how people are disabled by barriers put in place by society, not by an individual’s impairment, health condition or difference. If our society was set up in a way that was accessible for Disabled and Neurodivergent people, then there would be no exclusions or restrictions. The Social Model determines that a disability is caused by society’s unwillingness to meet the needs of Disabled and Neurodivergent people, and as such societal barriers are the problem, not the person themselves. Sometimes referred to as a ‘barriers-approach’, the Social Model helps us think about how we can identify and remove these barriers. Barriers can include things like inaccessible buildings, inaccessible documents or computer programmes, or set work patterns which may be hard for some people due to the nature of their condition(s).

Following the Social Model of Disability is useful because it enables non-disabled people to act as allies of Disabled and Neurodivergent people by helping to identify and remove barriers which may be placing them at a disadvantage. Line managers play a key role in this as they can help to remove disabling barriers in the workplace.

The Equality Act 2010

The Equality Act 2010 definition of disability is physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities. In this definition ‘long-term’ means that a condition is likely to last for twelve months or more (including fluctuating or intermittent conditions if likely to reoccur, and even if the condition is currently in remission). ‘Day-to-day activities’ can be anything someone does on a regular basis as part of their normal life (both personally and at work). If the effects of a condition are managed through use of medication, a prosthesis or other equipment meaning that day-to-day activities are not affected, an individual is still protected under the Equality Act (as without this management, there would be a substantial impact). Certain conditions such as HIV/AIDS, Cancer and Multiple Sclerosis are covered by the Equality Act from the point of diagnosis, regardless of whether or not an individual’s day to day activities are affected.

There are certain exclusions from the Act. The following are not regarded as impairments for the purposes of the Act:

  • addiction to, or dependency on, alcohol, nicotine, or any other substance (other than in consequence of the substance being medically prescribed)
  • the condition known as seasonal allergic rhinitis (for example, hayfever), except where it aggravates the effect of another condition
  • tendency to set fires
  • tendency to steal
  • tendency to physical or sexual abuse of other persons
  • exhibitionism
  • voyeurism

It is important to remember that not everyone who is protected as disabled under the Equality Act 2010 will self-identify as Disabled (e.g. someone with diabetes or someone who is neurodivergent). It is important to take the lead from the individual as to how they prefer to be described. However, this does not mean that those individuals do not require support or reasonable adjustments implemented, and they are still protected under the law. Additionally, not everyone who is disabled is covered under the specific requirements of the Equality Act 2010 (e.g. if an individual breaks their arm, they will be experiencing disability temporarily and not meet the legal requirements for ‘long-term’), but may still need support or temporary workplace adjustments. Managers are encouraged to provide support for any member of staff experiencing difficulties at work, regardless of legal status and can still make use of UCL support services where appropriate (e.g., from Workplace Health, their HRBP or the Digital Accessibility Team).

Supporting Disabled and Neurodivergent staff with reasonable adjustments

Unlike other protected characteristics, the Equality Act 2010 place an obligation on employers to take active steps to reduce discrimination of workers with a disability, impairment, mental or physical health condition and make reasonable adjustments so they can make the best contribution at work. Employers must make reasonable adjustments for Disabled and Neurodivergent people who are having, or will have, problems doing their job.

More information about reasonable adjustments can be found in our guidance.

Don’t pass time trying to work out if someone meets the legal definition of disability. If a member of your team is having problems at work, talk to them, try to find out what would help and make any changes you reasonably can to help them do their job.

Managers should be looking out for signs that someone might have a disability. Bear in mind that these signs might be linked to a disability that the person may or may not know about as yet.

Things that may be relevant include:

  • Low attendance levels or a reduction in attendance.
  • Drops in performance at work.
  • Changes in behaviour at work e.g. they are tearful; aggressive; irritable; withdrawn or forgetful.
  • They are persistently late or miss deadlines.
  • They appear to be experiencing pain or discomfort.

Find out more in our guidance for supporting Disabled and Neurodivergent staff in the workplace.