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The Equality Act 2010 legally protects people from discrimination in both employment and accessing goods/services.
It replaced previous anti-discrimination laws with a single Act, bringing together the:
The Equality Act is a legal framework to protect the rights of individuals and advance equality of opportunity for all.
According to the Equality Act, you are disabled if you have a physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on your ability to accomplish normal daily activities. The Equality Act does not apply in Northern Ireland.
The definition of ‘substantial’ is ‘more than minor’ and ‘long-term’ is defined as 12 months or more. Another category of disability is ‘progressive condition’, one that worsens over time. People with progressive conditions can be classed as disabled.
Is when someone is treated differently and not as well as other people because of disability. For example, an employer does not employ a disabled person just because it does not want disabled people in its workforce.
It breaks down into three different sorts of treating someone ‘less favourably’ because of:
Can occur where a workplace rule, practice or procedure is applied to all employees but disadvantages those who are disabled.
The Equality Act means employers must make reasonable adjustments to ensure disabled employees and workers (contract workers, trainees, apprentices and business partners) are not disadvantaged when doing their jobs. A disabled employee or job applicant claiming indirect discrimination must show how they have been personally disadvantaged, as well as how the discrimination has or would disadvantage other disabled employees or job candidates.
In some limited circumstances, indirect discrimination may be justified if it is necessary for the business to work. For example, an employer may reject an applicant with a severe back problem where heavy manual lifting is an essential part of the job.
When unwanted conduct related to a person’s disability causes a distressing, humiliating or offensive environment for that person.
Treating someone unfairly because they have made or supported a complaint about disability discrimination.
Also, there are two other types of discrimination regarding disability.
Where someone is treated ‘unfavourably’ because of something linked to their disability, but not because of the disability itself. The disabled person claiming this type of discrimination does not have to compare their treatment to how someone else is treated.
An employer failing to make ‘reasonable adjustments’ for a disabled job applicant or employee is one of the most common types of disability discrimination. If adjustments are ‘reasonable’, an employer must make them to ensure its workplace or practices do not disadvantage a disabled job applicant or employee already with the organisation.
Employers should ensure they have rules in place to prevent disability discrimination in:
This involves making reasonable adjustments at every stage of employment from installing ramps to facilitate access, to offering flexible working hours.
Aspects of the Equality Act relating to disability and making reasonable adjustments are covered in all of our training to empower you to be disability confident.
There’s more information about employers’ obligations and how to meet them on the Equality and Human Rights Commission website.
Aspects of the Equality Act relating to disability and making reasonable adjustments is covered in all of our training to empower you to be disability confident.
GOV.uk website has more information on the Equality Act . If you’ve been discriminated again, find out what action you can take.