Asthma a disability.

[Blueboy2019]

Hi; I am just wondering is Asthma & Exzema classed as a disability; I have suffered from asthma most of my life and just wanted to know!!

Paul

[EmmaF91 Community Ambassador]

It really depends on the severity, if you’re talking from the legal point:

‘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.’

So if you’re heavily impacted by your condition then yes legally it would be classed as a disability, but if it’s just means you need to take a preventer every day but have no other issues then you’re not.

However in terms of work, if there are things they can do to help you out, but refuse (ie removing/changing the toilet air freshener if that’s a trigger) then you can say it’s for medical reasons and if they don’t it could start pushing towards disability discrimination, even if you’re not legally defined as such - most employers are willing to make small adaptations no fuss.

I’m classes as disabled as I currently have monthly hospital appts at a specialist centre and am on multiple drugs but still end up symptomatic most days and at the GP/hospital due to severe/life-threatening asthma attacks about once a month. I also have a blue badge cause walking outside if it’s cold (even if just for a little bit) will land me in hospital.

I hope that explains things a bit for you x

[hypercat54 in reply to EmmaF91]

Great and very knowledgeable reply Emma. x

[EmmaF91 Community Ambassador in reply to hypercat54]

Thanks - I had to research all about disability discrimination a couple of years ago cause my uni kept suspending me because I have asthma 🙄😤.

I wasn’t impressed and had to appeal (with a letter which ended up longer than my dissertation and then a meeting with the academic panel 😰🤨🤓) and threaten to sue them under the EA to make them listen to me, and allow for adaptations to occur as they previously hadn’t given me any real support, even when I asked for it! I had a lot of support for suing them including from my docs, CAB and the EAS 😅. Having gone through all that I know a lot about the law 😂😅

The key questions to ask yourself are; does your condition impact you basically every day, what would happen if you forgot your meds for a day or 2 and how long have you had it that bad? For me the answers are yes, probably hospital and like this for 3-4 years, so I’m legally classed as disabled. There is an area of the EA which talks about fluctuating conditions which will also cover asthma as we gain and loose control of it.

I’m such a geek 🤓😂