Is ADHD or Autism a Disability in the UK? What the Law Says
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ADHD and autism are not automatically a disability in law, but they often are. Under the Equality Act 2010 you are disabled 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, and Acas says being neurodivergent will often amount to a disability. The test is the effect on your daily life.
Key points
✓You are disabled under the Equality Act 2010 if you have a physical or mental impairment with a substantial and long-term negative effect on normal daily activities
✓Substantial means more than minor or trivial, and long-term means 12 months or more
✓Acas says being neurodivergent will often amount to a disability, which gives you the right not to be discriminated against and the right to reasonable adjustments
✓Taking medication does not remove protection: the effect is judged as if you were not being treated
✓Benefits use different tests: PIP looks at a long-term condition and the difficulty it causes with everyday tasks or getting around
✓In Northern Ireland the Equality Act 2010 does not apply, but the Disability Discrimination Act 1995 uses the same definition
The legal test
Section 6 of the Equality Act 2010 says a person has a disability if they have a physical or mental impairment, and the impairment has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities. GOV.UK explains the two key words:
✓Yes: 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
✓Yes: long-term means 12 months or more
The Act says the effect is long-term if it has lasted for at least 12 months, is likely to last for at least 12 months, or is likely to last for the rest of your life. There are special rules for recurring or fluctuating conditions.
You automatically meet the definition from the day you are diagnosed with HIV infection, cancer or multiple sclerosis. ADHD and autism are not on that automatic list, so for them the test above applies. Addiction to non-prescribed drugs or alcohol is not counted as a disability.
Medication does not take you out of the definition. If measures such as medical treatment are being taken to treat or correct an impairment, it is treated as having a substantial adverse effect if, without the treatment, it would be likely to have that effect.
Does that include ADHD and autism?
Acas says some neurodivergent people do not see themselves as disabled, but being neurodivergent will often amount to a disability under the Equality Act 2010. It lists ADHD, autism, dyslexia and dyspraxia as well-known types of neurodivergence. Whether it does in your case depends on how it affects you day to day, not on the label.
The government's Expert Academic Panel on Neurodiversity has published its final report. It says meeting the legal definition of disability presents a significant barrier for people with a variety of neurodivergent traits. Its recommendations on workplace inclusion are recommendations, not law.
What being disabled in law gets you
If you are disabled under the Equality Act 2010, you have:
✓Yes: the right not to be discriminated against because of a disability
✓Yes: the right to reasonable adjustments
You might also get support from Access to Work, a government scheme that can help you get or stay in work if you have a physical or mental health condition or disability. Access to Work will not pay for reasonable adjustments: these are the changes your employer is expected to make. Our guides explain reasonable adjustments and disability discrimination at work.
Benefits use different tests
Being disabled under the Equality Act does not decide a benefit claim, and the reverse is also true. PIP can help with extra living costs if you have both a long-term physical or mental health condition or disability and difficulty doing certain everyday tasks or getting around because of your condition. You do not have to have a physical disability to get the mobility part: you might be eligible if you have difficulty getting around because of a cognitive or mental health condition.
A learning disability is a separate idea from the Equality Act definition. The NHS says a learning disability affects the way a person learns new things throughout their life, and that it is different for everyone. It says many autistic people have a learning disability, as do some people with epilepsy and everyone with Down's syndrome.
The NHS describes ADHD as a condition where the brain works differently to most people, and lists a learning difficulty such as dyslexia as something people with ADHD may also have. Whether a particular person has a learning disability is a question for their own assessment. Either way, a person can be disabled under the Equality Act without having a learning disability.
Scotland, Wales and Northern Ireland
The Equality Act 2010 does not apply to Northern Ireland. In Northern Ireland, the Disability Discrimination Act 1995 still applies and defines a person as having a disability if they have a physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities. The words are the same as the Equality Act test.
In England, Scotland and Wales, the Equality Act 2010 applies, and the guidance above is the same.
Frequently asked questions
Is ADHD a disability in the UK?
Often, but not automatically. Under the Equality Act 2010 you are disabled if you have a physical or mental impairment with a substantial and long-term negative effect on normal daily activities. Acas says being neurodivergent will often amount to a disability, so whether ADHD does for you depends on how it affects your day-to-day life.
Is autism a disability?
Under the Equality Act 2010 autism is covered if it meets the same test: a substantial and long-term effect on normal daily activities. Acas lists autism as a well-known type of neurodivergence and says being neurodivergent will often amount to a disability, so many autistic people are protected.
Is ADHD a learning disability?
The NHS treats a learning disability as a separate thing that affects how a person learns new things throughout life. It describes ADHD as a condition where the brain works differently, and says people with ADHD may also have a learning difficulty such as dyslexia. Many autistic people have a learning disability.
Does taking medication stop ADHD counting as a disability?
No. If measures such as medical treatment are being taken to treat or correct an impairment, it is treated as having a substantial adverse effect if, without the treatment, it would be likely to have that effect.
Is ADHD a disability at work?
It can be. If your ADHD meets the Equality Act definition, you have the right not to be discriminated against because of it and the right to reasonable adjustments, and you might get support from Access to Work. Access to Work will not pay for reasonable adjustments, which your employer is expected to make.
Can I get PIP for ADHD or autism?
Possibly. PIP depends on having a long-term physical or mental health condition or disability and difficulty doing certain everyday tasks or getting around because of it, not on the diagnosis alone. Our guides to PIP for ADHD and PIP for autism explain how the assessment works.
Is ADHD a disability in Northern Ireland?
The Equality Act 2010 does not apply to Northern Ireland, but the Disability Discrimination Act 1995 does, and it defines disability using the same words: a physical or mental impairment with a substantial and long-term adverse effect on the ability to carry out normal day-to-day activities.
Know Your Rights UK. "Is ADHD or Autism a Disability in the UK? What the Law Says." Know Your Rights UK, https://www.knowyourrightsuk.com/rights/is-adhd-a-disability