The Government has published the first really important secondary legislation to the Equality Act 2010. The Equality Act 2010 (Disability) Regulations 2010 (on the UK legislation website) set out various conditions that are specifically excluded from constituting a disability under the Equality Act 2010.
As with the Disability Discrimination Act 1995, some mental health conditions such as a tendency to set fires, steal, or physically or sexually abuse other persons, or a compulsion toward exhibitionism or voyeurism are deemed not to be disabilities under the Equality Act 2010.
The Regulations also exclude individuals with addiction, including a dependency on alcohol or nicotine. Hay fever is another condition that does not count as a disability.
It is worth noting that, while these conditions do not by themselves constitute a disability, some individuals displaying these characteristics might still be disabled if they have other conditions as well. A good example of this would be a hay-fever sufferer who also has asthma, as hay fever is known to aggravate that condition.
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