This means that although the disability discrimination act dda has been superseded by the equality act, the disability equality duty in the dda continues to apply. The aim of this handbook is to provide a brief overview of the equality act 2010 and to act as a reference guide. Equality act 2010 mind, the mental health charity help. The equality act 2010 is an act of parliament of the united kingdom. The equality act 2010 eqa was introduced not just to combine nine separate pieces of uk discrimination law into one act, but to raise the standard of protection from discrimination, through harmonisation, simplification and modification of equality law. With your download, get the 21 best papers relevant to this one, including 20 top related papers. Equality act 2010 simple english wikipedia, the free. The act brings together all previous equality laws, making them simpler. 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. Employment law update october 2010 the equality act becomes law on 1 october 2010. Summary guidance on services, public functions and associations. A detriment which arises from disability section 15.
The act covers discrimanatory acts that occur before october 1 2010 and continue after the date. Section c application of equality law in different sectors. Is when someone is treated differently and not as well as other people because of disability. Definition of disability, equality act 2010 university. Disability discrimination and the equality act 2010. These are called the protected characteristics of the act. Pdf the equality act 2010 a strength or a weakness. 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 1 1.
It replaces all discrimination related legislation. The equality act 2010 is the law that gives you the right to challenge discrimination. Spice briefing equality act 2010 22 june 2011 1150 nicki georghiou this paper highlights the key changes implemented by the equality act 2010 and refers to specific provisions relevant to scotland. With regards to disability, a person should receive different, often more favourable, treatment than that of someone who does not experience a disability. It permits greater scope for positive action, provides expressedly for discrimination based on more than one characteristic, and strengthens disability protections. Protected characteristics is the name for the nine personal characteristics that are protected from.
Spice briefing equality act 2010 scottish parliament. Definition of disablity under the equality act 2010 please see above link to the gov. Elizabeth cameron anti discrimination law has the equality act 2010 strengthened or weakened previous anti discrimination legislation. The law prohibiting disability discrimination in employment and other fields was introduced by the disability discrimination act 1995 dda. 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. Mar 17, 2012 the overall principle of the act is to ensure equal treatment. Equality act 2010 summary guidance on services, public. In a series of changes between 2010 and 2012, the equality act 2010 eqa replaced the dda.
The overall principle of the act is to ensure equal treatment. Definition of disability under the equality act 2010 gov. The equality act 2010 came into force on 1 october 2010 and strengthens and streamlines. Example a bank branch has a flight of steps up to its entrance but it is not permitted by the local authority to build a rampbecause this would block the pavement. Disability discrimination and the equality act 2010 advice. See our pages on disability discrimination for more information. Answer with at least two examples of recent cases has the equality act 2010 strengthened or weakened. The equality act s goal was to put all of these laws and protections together into one law, and make it easier to understand. The protected characteristics along with any changes to existing legislation under the act are. In this regard, the equality act 2010 did not change the law. The equality act 2010 is the law that protects you from discrimination and gives you the right to challenge it. This summary guide tells you how the equality act 2010 changes how you have to act in order to prevent and address discrimination when you provide goods, facilities and services to the public, for example as a residential care home, community shop or afterschool club.
The equality act 2010 defines a disability as a physical or mental impairment that has a substantial longterm negative effect on a persons ability to carry out normal daytoday activities. I will then consider the different model of disability that the crpd evinces, namely a predominantly social model and a rightsbased approach, and compare this to the disability provisions in the equality act 2010 the equality act, bearing in mind the obligation of the uk also to comply with the framework directive council directive 200078ec. There are changes that may be brought into force at a future date. 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. Disability and the equality act 2010 from 1 october 2010, the equality act has combined all previous acts relating to discrimination, into one, more encompassing legal area. Through the equality act 2010 eqa, the labour government aimed to standardise existing definitions and concepts unless there was an overriding reason not to. Most of the equality act will start to apply in october 2010 and this guide covers the main changes coming into effect then.
However, unlike issues of race and gender, in reference to disability the equality act is not ensuring equal treatment. In 2010 most of the disability discrimination act was replaced by duties in the equality act 2010 eqa. Five years on article in international journal of discrimination and the law 1623 june 2016 with 161 reads how we measure reads. The department for education dfe consulted on further changes to schools duties and these came into force in september 2012. Needs and disability act 2001 extended the dda to include education and, from this point onwards, early years settings constituted as schools were also covered. Before 2010, there were many different acts laws and regulations rules in great britain which protected against different kinds of discrimination. This factsheet provides an overview of the equality act 2010 and its relevance to brain injury survivors who are returning to or have returned to work, and their employers. Revised legislation carried on this site may not be. Send cheques made payable to disability equality act labour to deal, 32 battlebridge court, wharfdale road, london n1 9ua.
The equality act 2010 brings the concept of indirect discrimination to discrimination on the grounds of religion or belief. Disability affects us allas disabled people ourselves, and as the carers. Disability equality act labour the campaign for labour. In the case of disability, employers and service providers are under a duty to make reasonable adjustments to their workplaces to overcome barriers experienced by disabled people. Many arose from structural differences between the preexisting legislation governing disability. These explanatory notes have been prepared by lord blencathra in order to assist the reader. Equality act 2010 and disability committee evidence volume pdf 9.
Guidance relating to disability 28 jan nhs employers. Definition of disability, equality act 2010 university of. 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. It will, for the first time, give the uk a single act of parliament, requiring equal treatment in access to employment as well as private and public services, regardless of age, disability, gender reassignment, marriage. Equality act 2010 and disability committee easy read report pdf. Disabled children and the equality act 2010 for schools. Instead advisors are encouraged to use this as a starting point to direct further reading. These explanatory notes relate to the equality act 2010 which received royal.
The equality act 2010 and mental health cambridge core. 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. Changes that have been made appear in the content and are referenced with annotations. The equality act 2010 makes it law that every private, public and voluntary organisation must not discriminate against employees and people that use their services because of particular characteristics. The definition of disability set out in the act and described in this guidance is the only definition relevant to determining whether someone is a disabled person for. Equality act 2010, section 6 is up to date with all changes known to be in force on or before 17 february 2020. Equality act 2010 and disability committee publications. In this document, any reference to the act means the equality act 2010. There are four main types of disability discrimination.
This research brief does not aim to provide a comprehensive overview of equality in the context of disability in south africa. The act brings together over 100 separate pieces of legislation which includes sex, disability. Further changes were implemented in 2011, when new. The bank installs a platform lift so that disabled. Equality act 2010 fact sheet what is the equality act 2010.
The equality act 2010 is an act of parliament of the united kingdom before 2010, there were many different acts laws and regulations rules in great britain which protected against different kinds of discrimination. The equality act 2010 replaced several former pieces of legislation, including the disability discrimination act 2005 dda 2005. The equality acts goal was to put all of these laws and protections together into one law, and make it easier to understand. The equality act 2010 it provides a legal framework to protect the rights of individuals and promote equal opportunities for everyone. You have chosen to open the whole act as a pdf the whole act you have. The context in which eqa duties apply has changed, with. Proving disability and reasonable adjustments a guide to. Early years, disability discrimination and the equality act 2010. A significant part of the equality act 2010 is the public sector equality duty that places obligations on public sector bodies to act proactively, and can be seen as an extension albeit a diminished one of the former disability equality duty under dda95. The equality act 2010 brought all the grounds of discrimination into one statute, harmonised definitions and concepts, and introduced new requirements and concepts. This chapter is not designed to be a comprehensive summary of equality law. Suggestions please use the form below to send your ideas for additions for the next edition of equality act 2010 disability and the labour party.
This disability quick start guide tells you how the equality act 2010 changes. The equality act protects you if you are discriminated against by. Older statutory codes of practice on the disability discrimination act 1995 seem to remain in force until revoked. Disability affects us allas disabled people ourselves, and as the carers, family, friends, employers, colleagues, and educators.
On 1 october 2010, it became part of the equality act 2010 eqa instead. The equality act 2010 protects people from discrimination on the basis of age, gender reassignment, sex i. The equality act 2010 in october 2010 the equality act 2010 replaced the disability discrimination act dda. The select committee on the equality act 2010 and disability was appointed by. According to the uk government, the definition of a disability under the equality act 2010 is. Equality act 2010, section 6 is up to date with all changes known to be in force on or before 17 may 2020. A person has this protected characteristic if heshe is proposing to undergo, is. These parts of theact will come into effect on 1 october 2010. This has real potential to require a change in practice in certain types of clinical trials of which relevant ethics committees should be aware. How the equality act 2010 defines disability, and what law changes. Section c application of equality law in different sectors 17. The equality act 2010 for more than 40 years successive governments have introduced antidiscrimination laws both to create and to respond to changes in society, to promote civil rights and equality. 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. 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.
Disabled children and the equality act 2010 council for disabled. However, you automatically meet the disability definition under the equality act 2010 from the day youre diagnosed with hiv infection, cancer or multiple sclerosis. The equality act 2010 provides disabled people with protection from discrimination in a range of areas, including employment. Advisors should bear in mind that clients may not initially present their problem as a discrimination case but.
Act 1976 and disability discrimination act 1995 apply instead. The equality act 2010 simplifies the current laws and puts them all together in one piece of legislation. 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. Substantial disadvantage is defined in the act as any negative effect that is more than minor or trivial. To get protection under the equality act, you have to show that your mental health problem is a disability. It clarifies what private, public and voluntary sectors must legally do to ensure that people with protected characteristics such as a learning disability are not disadvantaged. The eqa only protects workers if they have a disability which meets the complex definition in the act. Further changes were implemented in 2011, when new regulations on the public sector equality duties were passed. Equality act 2010 guidance on matters to be taken into account in determining questions relating to the definition of disability 53 appendix an illustrative and nonexhaustive list of factors which, if they are experienced by a person, it would be reasonable to regard as having a substantial adverse effect on normal daytoday activities. So depending on your circumstances, the new act may protect you more. Disability and employment in the equality act 2010. Equality act 2010 replaced sex discrimination act 1975, race relations act 1976 and.
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