Question

To ask His Majesty's Government what mental health and neurodevelopmental conditions are protected from discrimination under the Equality Act 2010 within public sector services.

The Equality Act 2010 (the Act) defines disability as a physical or mental impairment which has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities. The Act defines long-term in this context as having lasted, or being likely to last for at least 12 months, or likely to last for the rest of the life of the person.

Mental health and neurodevelopmental conditions can therefore meet the Act’s definition, where their impact is in line with these requirements.

Where a person's condition meets the Act’s definition, the employment provisions in the Act make it unlawful for an employer to discriminate against disabled employees and applicants.

The Act makes it clear that businesses and public bodies that provide goods and services must not unlawfully discriminate against disabled people, including those who may not have physical disabilities.