20 December 2018
The main provisions of the Equality Act 2010 (“the Act”) came into force on 1 October 2010. The Act attempts to harmonise and consolidate diversity law across all strands of discrimination. With regards to disability discrimination, the Act is mainly a restatement of the law found in the Disability Discrimination Act 1995 (“the DDA”), which it has replaced. However, it also made some significant changes and additions to the law.
In outline, the provisions on disability in the Act:
- cover all types of workers, including employees, self-employed, agency staff, partners and those undertaking vocational training
- apply to all stages of employment from recruitment, training, pay, benefits, promotion and dismissal to postemployment discrimination
- prohibit less favourable treatment because of disability, and unfavourable treatment of disabled persons for reasons arising from their disability
- prohibit harassment and victimisation
- prohibit discrimination because of association with a disabled person, and discrimination because of a perceived (rather than actual) disability; and
- limit the scope of questions about health or disability that can be asked before offering employment
To read the full in-brief please click 'download files'.