Depending on how it impacts you, ADHD can qualify as a disability under UK law. Find out about the laws regarding disability, how they apply to you and your employer.

Q: What counts as a disability according to the law?

Answer:

The Disability Discrimination Act (DDA) protects disabled people. The Act sets out the circumstances in which a person is "disabled". It says you are disabled if you have:

• a mental or physical impairment
• this has an adverse effect on your ability to carry out normal day-to-day activities
• the adverse effect is substantial -the adverse effect is long-term (meaning it has lasted for 12 months, or is likely to last for more than 12 months or for the rest of your life).  
  

There are some special provisions, for example:

• if your disability has badly affected your ability to carry out normal day-to-day activities, but doesn't any more, it will still be counted as having that effect if it is likely to do so again
• if you have a progressive condition such as HIV or multiple sclerosis or arthritis, and it will badly affect your ability to carry out normal day-to-day activities in the future, it will be treated as having a bad effect on you now
• past disabilities are covered

What are "normal day-to-day activities"?

At least one of these areas must be badly affected:

• mobility
• manual dexterity
• physical co-ordination
• continence
• ability to lift, carry or move everyday objects
• speech, hearing or eyesight
• memory or ability to concentrate, learn or understand
• understanding of the risk of physical danger.

It's really important to think about the effect of your disability without treatment. The Act says that any treatment or correction should not be taken into account, including medical treatment or the use of a prosthesis or other aid (for example, a hearing aid). The only things which are taken into account are glasses or contact lenses. The important thing is to work out exactly how your disability affects you. Remember to concentrate on what you can't do, or find difficult, rather than what you can do. For example, if you have a hearing disability, being unable to hold a conversation with someone talking normally in a moderately noisy place would be a bad effect. Being unable to hold a conversation in a very noisy place such as a factory floor would not. If your disability affects your mobility, being unable to travel a short journey as a passenger in a vehicle would be a bad effect. So would only being able to walk slowly or with unsteady or jerky movements. But having difficulty walking without help for about 1.5 kilometres or a mile without having to stop would not.

What does not count as a disability?

Certain conditions are not considered impairments under the DDA:

• lifestyle choices such as tattoos and non-medical piercings
• tendency to steal, set fires, and physical or sexual abuse of others
• exhibitionism and voyeurism
• hayfever, if it doesn't aggravate the effects of an existing condition
• addiction to or a dependency on alcohol, nicotine or any other substance, other than the substance being medically prescribed.

Q: What do you mean by 'reasonable adjustments' to premises?

Answer:

What is reasonable depends on a number of factors, in particular the size and resources of the organisation. If you own a corner shop the changes you are expected to make are different to those expected from a supermarket chain. Equally a village hall will have different requirements to the town hall or the banqueting suite in a large hotel. Installing a lift or new toilets may be inappropriate for a village hall or corner shop but an absolute necessity for the hotel or town hall. It is important that service providers who have not already done so take reasonable steps to make their services accessible. Failure to do so could lead to loss of reputation or even litigation.

Q: Can my employer force me to take medical retirement?

Full question: I have multiple sclerosis and have been absent from work on and off. Currently, I have been off sick for six weeks. My employer has informed me that if I have any more periods of absence upon my return to work, I will be forced to take medical retirement.

I have recently won an award for my exceptionally high standard of work and have been employed at my organisation for eight years. All of my absences have been related to my MS. Can my employer get away with this?

Answer:

• You could be experiencing disability discrimination.
• Your employer would need to consider making reasonable adjustments to their absence policy so that they do not take action against you for absences related to your disability.
• If your employer is unable to make this type of adjustment, they would need to justify why. Their justification would need to be material to the circumstances of the particular case and substantial.
• It would be advisable for you to write to your employer asking them to explain why they would be unable to accommodate further absences, and to advise them that they need to consider making reasonable adjustments.
• Ask your employer to respond within seven days.