The Equality Act 2010 defines disability as a physical or mental impairment which has a substantial and long-term adverse effect on the ability to carry out normal day-to-day activities.
Whilst some conditions such as cancer, Multiple Sclerosis and HIV infection are automatically treated as a disability under the Equality Act 2010, other conditions are not.
Fibromyalgia is one of the types of physical conditions that might be treated as a disability under the Equality Act depending on the effect they have on the individual’s daily life. In order to establish that the condition qualifies as a disability under the 2010 Equality Act tit will be necessary to demonstrate that the condition has a long-term and substantial effect on the individual’s daily life.
Recognising that the condition has the potential to operate as a disability is crucial to ensuring that sufferers who are affected are not discriminated against and are able to access benefits that would otherwise be denied to them.