Q&As

Would a chlorine allergy be classed as a disability under the Equality Act 2010? Would a landlord’s duty to make reasonable adjustments apply to a request relating to an allergy?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 19/08/2019

The following Property Q&A Produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Would a chlorine allergy be classed as a disability under the Equality Act 2010? Would a landlord’s duty to make reasonable adjustments apply to a request relating to an allergy?

Section 6(1) of the Equality Act 2010 (EqA 2010) provides that a person has a disability if they have a physical or mental impairment and that impairment has a substantial and long-term adverse effect on their ability to carry out normal day to day activities. This is a deliberately wide test which will take into account the individual circumstances of a given case, though the Equality Act 2010 (Disability) Regulations 2010, SI 2010/2128, exclude certain conditions which are deemed not to be impairments, including seasonal allergic rhinitis.

It is established that an allergy can amount to a disability. In the case of Wheeldon v Marstons plc ET/1313364/2012 (not reported by LexisNexis®) (a first instance decision at a preliminary hearing, but commonly cited nonetheless) th

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