The Equality Act 2010 replaced the Disability Discrimination Act (DDA) 1995/2005 to promote civil rights for disabled people and protect disabled people from discrimination in all areas of public life.
The original Disability Discrimination Act was designed to end the discrimination that many disabled people have faced in the past by making discrimination unlawful. The Equality Act continues to give disabled people rights in the areas of:
- Employment
- Education
- Access to goods, facilities and services (including larger private clubs and land-based transport services)
- Buying or renting land or property (including making it easier for disabled people to rent property and for tenants to make disability-related adaptations)
- Functions of public bodies (for example issuing of licenses)
The Act requires public bodies to promote equality of opportunity for disabled people and allows the government to set minimum standards so that disabled people can use public transport easily.
How is disability defined under the Equality Act?
The Equality Act defines disability as a physical or mental impairment, which has a substantial and long-term effect on a person’s ability to carry out normal day-to-day activities. The effects of artificial aids or medication should be disregarded when deciding if someone is disabled. The Equality Act also covers people who have been disabled in the past and who have now recovered e.g. mental illness.
The Equality Act defines some of the keywords in the definition as follows:
- ‘Substantial’ means more than minor or trivial.
- ‘Long-term’ means that the effect of the impairment has lasted or is likely to last for at least twelve months (there are special rules covering recurring or fluctuating conditions).
- ‘Normal day-to-day activities’ include everyday things like eating, washing, walking and going shopping.
Some conditions automatically qualify as disability under the act. A person diagnosed with HIV, cancer or multiple sclerosis will be protected by the Act from the point of diagnosis. People with some types of visual impairment are automatically deemed to be disabled also.
Are any conditions excluded from the Equality Act?
The following are excluded:
- Addiction to drugs, alcohol and nicotine
- Tendency to set fires or steal
- Tendency to physical/sexual abuse of others
- Exhibitionism, voyeurism
- Seasonal allergic rhinitis (hay fever)
Is there a minimum period of employment before an employee can make a claim under the Act?
Discrimination can occur at any stage in employment, including during the pre-employment recruitment period.
Who decides whether a person is disabled under the Equality Act?
Anyone can have an opinion about this but the final decision about whether someone can be defined as disabled under the Equality Act will lie with a court or employment tribunal.
What is the duty of the employer in making reasonable adjustments?
The Equality Act places a duty on employers to consider and, where reasonable, make adjustments to the working environment in order to enable a disabled person to be employed or retained at work. Examples of reasonable adjustments may include:
- Making adjustments to premises
- Allocating some of the disabled persons duties to others
- Transferring the person to fill another vacancy
- Altering the working hours, or workplace
- Allowing absences for rehabilitation, assessment or treatment
- Arranging training
- Acquiring or modifying equipment and/or manuals
- Providing a reader/interpreter or supervision
What factors should be considered when determining the reasonableness of a workplace adjustment?
The following should be taken into consideration:
- The effectiveness of the step in preventing the disadvantage
- The practicality of the step
- The financial cost
- The disruption caused
- The extent of the employer’s resources
- The availability of financial or other assistance
- The effect on other employees
- The co-operation of the disabled employee
A decision on whether adjustments are reasonable and a plan to implement them is the responsibility of the employer, not the occupational health department.
What about the Equality Act in relation to other areas?
If you have concerns about the provisions of the Equality Act in any area, whether this is work related or any of the other areas covered, contact the Citizens Advice Bureau (CAB), which has a network of advice centres across the UK. It offers advice on a wide range of subjects from housing and health, to debt and consumer issues.
Further support
Acas – Disability at work advice for employers and employees.
GOV.UK – Information about disability rights.
Disability Rights UK – Charity with support and information.
Ref: WPW0001 This information was reviewed May 2024.
