Disability Discrimination – What you need to know By: Marie Walsh On: 14th July 2015 @ 13:00

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Disability Discrimination 14th July 2015

Marie Walsh

Disability ?

• Equality Act 2010

• Physical or mental impairment • Impairment must have substantial

adverse effects • Adverse effects on normal day to day

activities. • Long term.

Legislation

• Covers – Employees, Contract Workers,

Partners and Office Holders

• Applies to recruitment, terms and conditions, promotions, transfers, dismissals and training.

Types of Discrimination

• Direct • Indirect • Unfavourable treatment because of

something arising in consequence of a disability

• Failure to make Reasonable Adjustments • Harassment related to disability • Victimisation

Direct Discrimination

• Section 13 EqA 2010

• Because of disability a person treats another less favourably than he/she would treat others

Indirect Discrimination

• Section 6 and Section 19 EqA 2010

• A provision criterion or practice (PCP)

• C had a disability

• The PCP is applied to everyone

• The PCP puts or would put those with the Claimants disability at a particular disadvantage

• The PCP puts or would put the Claimant at that disadvantage

• PCP can not be justified by Respondent.

Arising From …

• Section 15 EqA 2010

– Respondent treats Claimant unfavourably because of something arising in consequence of the Claimants disability

– Respondent can not show the treatment is a proportionate means of achieving a legitimate aim.

Reasonable Adjustments

• Section 20 EqA 2010

– Duty on employers to make reasonable adjustments to premises or working practices to help disabled job applicants and employees.

Harassment

• Civil Claim. • Also under the EqA 2010 – section 26

• Unwanted conduct related to disability • Purpose or effect of violating Claimants

dignity or creating an intimidating hostile degrading, humiliating or offensive environment for the Claimant

Harassment Cont

• Taking into account C’s perception, circumstances of the case and whether its reasonable for the conduct to have that effect.

Victimisation

• If the Employer subjects the employee to a detriment because he/she has don’t intends to do or is suspected of doing or indtending to do a protected act.

• Protected act are for example bringing proceedings under the EqA

Questions

Telephone: 0113 3571317

Website: www.Consilialegal.co.uk

email: caroline@consilialegal.co.uk

marie@consilialegal.co.uk

Twitter: @consiliaemplaw

Linked in: https://www.linkedin.com/in/MarieWalshsolicitor

Thank You

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