The aim of the specific duties is to help public bodies comply with the general duty to promote equality in the workplace contained in the equality act 2010, which has been in force since 5 april 2011. These are called the protected characteristics of the act. So depending on your circumstances, the new act may protect you more. The equality act entered into force in october 2010 and was established in order to lawfully safeguard individuals from discrimination in the office and external society. It aims to make it more consistent, clearer and easier to follow in order to make society. If you explore the other pages in our looking after someone section you will find plenty of information about how you can access support as carer, including details of how to request a carers assessment from. Equality act 2010 guidance guidance on matters to be taken into account in determining questions relating to the definition of disability this document is available on the office for disability issues website. The equality act 2010 has replaced the equal pay act 1970, sex discrimination act 1975, race relations act 1976, disability discrimination act 1995, employment equality religion or belief regulations 2003, employment equality sexual orientation regulations 2003 and the employment equality age regulations 2006. To be protected under the act you must be disabled. The equality act 2010 prohibits discrimination against people with the protected characteristics that are specified in section 4 of the act. Disability and employment in the equality act 2010. Equality act 2010 fact sheet disability equality the equality act 2010 consolidates all previous equality legislation and extends some protections to groups that were not previously covered. Government equalities office the equality act, making equality real. The department for education dfe consulted on further changes to schools duties and these came into force in september 2012.
Viki galt, disability information officer, information services sheila williams, director, student disability service the equality act aims to simplify and consolidate previous anti discrimination laws such as the dda, sex discrimination act etc replaces disability discrimination act and the disability equality duty most of the act came into effect october 2010 covers 9 protected. In this document, any reference to the act means the equality act 2010. This list shows, in a few words, what the equality act does to make the equality laws stronger. The impact on disabled people 5 summary introduction there are over 11 million disabled people in the united kingdom, and the number grows year by year. The aim of the specific duties is to help public bodies comply with the general duty to promote equality in the workplace contained in the equality act 2010, which has been in force since 5. The masterclass article in the next issue of the bottom line express will consider the provisions relating to harassment contained in the equality act 2010. The ban came into force on 1 october 2012 and it is now. This is the original pdf of the as enacted version that was used to publish the official printed copy. See our pages on disability discrimination for more information. Disability and the equality act 2010 the definition of. Although there are similarities, there are also significant differences concerning the types of protection afforded the different protected groups.
Given the lack of qualified legal representatives who use bsl, it follows that invoking the equality act 2010 is generally intimidating, burdensome and inaccessible. Protection from discrimination for disabled people applies to disabled people in a. These explanatory notes relate to the equality act 2010 amendment disabled access bill hl as introduced in the house of lords on 27 june 2017 hl bill 9 2 2 overview of the bill 1 this bill seeks to amend section 20 of the equality act of 2010 the 2010 act to impose a. This pdf does not include any changes made by correction slips. Summary guidance on services, public functions and associations. The equality act 2010 simplifies the current laws and puts them all together in one piece of legislation. Equality act 2010 summary guidance on employment msword2003. A person a discriminates against a disabled person b if a treats b unfavourably because of something arising in consequence of bs disability, and a cannot show that the treatment is a proportionate means of achieving a legitimate aim.
The equality act is the law about treating everyone equally and fairly. Jul 09, 2010 much of the media attention on the equality act 2010 has focused on controversial areas relating to socioeconomic inequality, positive action and gender pay reporting. Youre disabled under the equality act 2010 if you have a physical or mental impairment that has a substantial and longterm negative effect on. Disability affects us allas disabled people ourselves, and as the carers, family, friends, employers, colleagues, and educators. Definition of disablity under the equality act 2010 please see above link to the gov.
Summary of the equality act 2010 amendment bill 2012. According to the uk government, the definition of a disability under the equality act 2010 is. The equality act 2010 is farreaching and highly contentious. However, the disability equality duty in the dda continues to apply. Equality act 2010 and disability british deaf association. Mar 10, 2010 for a limited time only, personnel today plus members can access a full model policy on equal opportunities which takes the equality act 2010 into account with elements of the equality act coming into force at the end of next week, xperthr provides members of personnel today plus with six key updates for your equal opportunities policy. Disabled children and the equality act 2010 for early years written by council for disabled children date 09 apr 2015 many early years settings have been covered by disability discrimination duties and this booklet sets the disability discrimination duties in the context of duties to all young children, set out in early years foundation stage. Disability discrimination under the equality act 2010. Introduction the equality act 2010 the act came into force on 1 october 2010 replacing most provisions of the disability discrimination act. How the equality act 2010 applies to different settings 12 9.
Equality act 2010 guidance on matters to be taken into account in determining questions relating to the definition of disability pdf file 848kb. The legal case for disability is the equality act 2010. However, the acts disability discrimination provisions are likely to have much more impact on daytoday working life. The employment statutory code of practice covers discrimination in employment and workrelated activities under part 5 of the equality act 2010, which consolidates and replaces the previous discrimination legislation for england, scotland and wales. The legal case is contained within the equality act of 2010. The legal status of this guidance this guidance applies to england, scotland and wales. The equality act 2010 brought together a number of separate forms of legislation which protect the rights of certain groups of. Disability and the equality act 2010 practice support manual. The equality act changed all of the antidiscrimination laws such as sex discrimination act 1975, equal pay act 1970, race relations act 1976 and the special needs. Nov 22, 2012 summary of the equality act 2010 amendment bill 2012 a bill to amend the equality act 2010 to remove discrimination against women in relation to consecration of bishops in the church of england. Viki galt, disability information officer, information services sheila williams, director, student disability service the equality act aims to simplify and consolidate previous anti discrimination laws such as the dda, sex discrimination act etc replaces disability discrimination act and the disability equality duty most of the act came into effect october.
The equality act 2010 is the law that protects you from discrimination and gives you the right to challenge it. April 5, 2011 to present version 1 of 1 149 public sector equality duty 1 a public authority must, in the exercise of. It covers disability, gender reassignment, sex, sexual orientation, pregnancy and maternity, colour. Equality act 2010 guidance york st john university. Instead advisors are encouraged to use this as a starting point to direct further reading. The equality act 2010 in october 2010 the equality act 2010 replaced the disability discrimination act dda.
In this article, we take a detailed look at how the equality act. Equality act 2010 places the onus on deaf individuals to enforce their rights through the courts on a case by case without full access to the legal system. Disability and the equality act 2010 employment solicitors. Equality act 2010 amendment bill 2012 uk parliament. The equality act 2010 and mental health graeme lockwood, claire henderson and graham thornicroft summary one aim of the equality act 2010 is to protect people with disabilities and prevent disability discrimination. It covers disability, gender reassignment, sex, sexual orientation, pregnancy and maternity, colour and nationality, religion and belief. April 5, 2011 to present version 1 of 1 149 public sector equality duty 1 a public authority must, in the exercise of its functions, have due regard to the need to. Key concepts chapter 1 protected characteristics 4 the protected characteristics 5age 6 disability t n emn g i s s a e r r e dn7ge 8 marriage and civil.
Under the equality act 2010, you have a disability if you have a physical or mental impairment that has a substantial and longterm negative effect on your ability to do normal daily activities. Jan 27, 2011 the equality act 2010 brings together, harmonises and in some respects extends the current equality law. Learn vocabulary, terms, and more with flashcards, games, and other study tools. Government inaction is failing disabled people 24 march 2016 the house of lords select committee on the equality act 2010 and disability investigating the act s impact on disabled people has concluded that the government is failing in its duty of care to disabled people. Advisors should bear in mind that clients may not initially present their problem as a discrimination case but. How the equality act 2010 defines disability, and what law changes mean for the public, businesses, and the public and voluntary sectors. The equality act 2010 brings together, harmonises and in some respects extends the current equality law. Companies and the equality act 2010 and transport providers and the equality act 2010. The equality act 2010 doesnt apply to northern ireland. Protected characteristics is the name for the nine personal characteristics that are protected from. Latest news on the equality act 2010 amendment bill 2012 the bill failed to complete its passage through parliament before the end of the session. Definition of disability under the equality act 2010 gov. More information about the equality act, and how you can obtain copies of the act, can be found on the government equalities office website.
Equality act 2010 guidance on matters to be taken into account in determining questions relating to the definition of disability pdf file 848kb pdf, 693kb, 60 pages. Aug 27, 2010 the equality act 2010 will remove this list of capacities, enabling tribunals to make commonsense decisions about whether or not particular impairments have a substantial effect on daytoday activities. Requests are supposed to be considered on the basis of the business needs of the organisation, but a manager decides that amans request to work flexibly to care. Evaluation of the implementation of the equality act 2010. The equality act also brought all 9 areas of discrimination law under the one umbrella. Equality act 2010 guidance on matters to be taken into account in determining questions relating to the definition of disability pdf file 848kb pdf. This means that although the disability discrimination act dda has been superseded by the equality act, the disability equality duty in the dda continues to apply. It draws on the services, public functions and associations code of practice. Much of the media attention on the equality act 2010 has focused on controversial areas relating to socioeconomic inequality, positive action and gender pay reporting. Equality act 2010 chapter 15 contents part 1 socioeconomic inequalities 1 public sector duty regarding socioeconomic inequalities 2 power to amend section 1 3enforcement part 2 equality. From 1 october 2010, the equality act has combined all previous acts relating to discrimination, into one, more encompassing legal area. The house of lords is part of parliament and a select committee is a group that find out about something. The equality act 2010 the act replaced the dda 1995 and 2005 amendments. Equality act 2010 guidance on matters to be taken into account in determining questions relating to the definition of disability 3 status and purpose of the guidance this guidance is issued by the secretary of state under section 65 of the equality act 2010.
Youre disabled under the equality act 2010 if you have a physical or mental impairment that has a substantial and longterm negative effect on your ability to do normal daily activities. Many arose from structural differences between the preexisting legislation governing disability. Through the equality act 2010 eqa, the labour government aimed to standardise existing definitions and concepts unless there was an overriding reason not to. Definition of disability, equality act 2010 university. It therefore does not include any changes made by correction slips. The act is due to commence in october 2010 with the public sector equality duty due to be in force from april 2011 after a consultation in 2010. Equality act 2010 provisions for carers people first. Disability and the equality act 2010 from 1 october 2010, the equality act replaced most of the disability discrimination act dda. Disabled children and the equality act 2010 for early.
Further changes were implemented in 2011, when new regulations on the public sector equality duties were passed. This pulled together a wide range of legislation into one document and thus simplified the law. In 2010 most of the disability discrimination act was replaced by duties in the equality act 2010 eqa. Equality act 2010 summary guidance on services, public. You can find a list of the people who will be helped by this act on page 29. For a limited time only, personnel today plus members can access a full model policy on equal opportunities which takes the equality act 2010 into account with elements of the equality act coming into force at the end of next week, xperthr provides members of personnel today plus with six key updates for your equal opportunities policy. Find out about the protection and legal rights the equality act provides for disabled people. Equality act 2010 2010 chapter 15 an act to make provision to require ministers of the crown and others when making strategic decisions about the exercise of their functions to have regard to the desirability of reducing socioeconomic inequalities. It has a potentially fundamental impact on how public sector bodies conduct their business in the future. All correspondence should be addressed to the select committee on the equality act 2010 and disability, committee office, house of lords, london sw1a 0pw. The definition of disability under the equality act 2010. The equality act 2010 brought together a number of separate forms of legislation which protect the rights of certain groups of people, and reduce inequality and discrimination. Definition of disability, equality act 2010 definition of disablity under the equality act 2010 please see above link to the gov.
You can go to our page on the equality act 2010 for more information on how the act aims to protect carers and those they look after. The equality act 2010 is an act of parliament of the united kingdom with the primary purpose of consolidating, updating and supplementing the numerous prior acts and regulations, that formed the basis of antidiscrimination law in great britain. Definition of disability, equality act 2010 university of. The equality act 2010 protects people from discrimination on the basis of age, gender reassignment, sex i. Equality act 2010 mind, the mental health charity help. The guide is based on equality law as it was at 6 april 2014. This chapter is not designed to be a comprehensive summary of equality law. This is the governments new law to make sure all people are treated. Jun 16, 2015 the equality act 2010 includes provisions that ban age discrimination against adults in the provision of services and public functions. Five years on article in international journal of discrimination and the law 1623 june 2016 with 159 reads how we measure reads.
Government inaction is failing disabled people 24 march 2016 the house of lords select committee on the equality act 2010 and disability investigating the acts impact on disabled people has concluded that the government is. Government inaction is failing disabled people news from. Disability is one of the specified protected characteristics. Should you require information on these services please ask for copies of these factsheets. The equality act 2010 includes provisions that ban age discrimination against adults in the provision of services and public functions. Disability discrimination and the equality act 2010. A guide to the equality act 2010 being classified as disabled under the act headways publications are all available to freely download from the information library on the charitys website, while individuals and families can request hard copies of the booklets via the helpline. A summary guide to your rights, click on equality act 2010. Most of the equality act will start to apply in october 2010 and this guide covers the main changes coming into effect then. Early years settings that are schools, part 6 of the equality act 2010 10. For more information or advice on the equality act, call the advice service on 0844 892 2772. Definition of disability under the equality act 2010.
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