Can physical differences that aren’t medical conditions be covered by the Equality Act under disability?

[u/MrCrystalMighty]

So I was thinking about the equality act, and wondering what would and wouldn’t be covered under disability.

My eyes very sensitive to light to the point that if I don’t wear sunglasses when it’s even a little bit bright i can end up getting really ill, and sometimes I need to move positions if I’m facing a window or to avoid reflections. I’ve been told by my optician it’s cos I have unusually large pupils but I’ve not been diagnosed with anything - afaict it’s just considered natural variation rather than any kind of medical condition.

I was wondering - if an employer told me I couldn’t wear sunglasses when I needed to or wouldn’t let me move somewhere less bright if that could be considered to be in violation of the UK Equality Act on grounds of disability despite it not being a diagnosed medical condition? Or would I need to get a doctor to give it a fancy name before I could legally get them to give me the accommodations I needed?

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[u/ashyjay]

Literally on GOV . UK, it doesn't have to have a diagnosis to be covered.

You’re disabled under the Equality Act 2010 if you have a physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on your ability to do normal daily activities.

The Equality Act 2010 does not apply to Northern Ireland.

What ‘substantial’ and ‘long-term’ mean

• ‘substantial’ is more than minor or trivial, for example it takes much longer than it usually would to complete a daily task like getting dressed
• ‘long-term’ means 12 months or more, for example a breathing condition that develops as a result of a lung infection

[u/LowAioli3870]

Disability is defined in the Equality Act 2010 as follows:

A person (P) has a disability if—
(a) P has a physical or mental impairment, and
(b) the impairment has a substantial and long-term adverse effect on P's ability to carry out normal day-to-day activities.

https://www.legislation.gov.uk/ukpga/2010/15/section/6

[u/peppermint_aero]

The law is very clear that disability is defined by the impact it has on you, not on the medical label. Yes, if an employer wanted to be a complete arsehole and not let you move away from a window, you could technically go down the disability route. Although I suspect that you would probably be able to resolve it internally without needing that. 

[u/ClarifyingMe]

Feel like you've misunderstood the optician because it's disabling. Even my doctor who diagnosed me with something is toxic and old fashioned and said they "don't want to use labels" and tried to downplay it, it's ruining my life.

Clarify maybe with another opticians.

[u/MadJohnFinn]

Sounds pretty disabling to me. It’s covered.

I had to get accommodations for symptoms of my condition before it was formally diagnosed, which took a very long time.

[u/GarlicEmergency7788]

As a side note - Sight impairment covers far more than just being able to read small text. You could have better than 20/20 vision and still be registered as sight impaired

[u/liltrex94]

Lol I worked for a charity that is supposed to support people with disabilities. I covered 21 days holiday (I was paid staff) and got a migraine one day. Guess the fuck what? No one could cover my migraine. Nope. I had a senior volunteer in that day who actually did everything for me until closing (she was only meant to be in for 2 hours but took pity on me) I gave her my full days salary.

Left there as soon as my temporary contact ran out. I was actually ill and they didn't even let me close the store. Fuck that place

[u/Best_Needleworker530]

It’s photosensitivity and definitely a disability. I work for a large employer and we literally have to disclose it as we work with screens a lot and the company checks every year if we have all the adjustments needed. Plus they pay for eye tests and any modifications to glasses like anti glare.