Supporting Change • Developing People • Promoting Ability

The Equality Act 2010 - What's new on disability?

About the new Act

The new Equality Act 2010 is the most fundamental overhaul of UK anti-discrimination and equality legislation ever.

There are now nine characteristics that give people a legal right to protection from discrimination:

• age
  
• disability
  
• gender reassignment
  
• marriage and civil partnership
  
• pregnancy and maternity
  
• race
  
• religion or belief
  
• sex
  
• sexual orientation.

In addition, the new Equality Act paves the way for a new integrated single equality duty for public sector organisations covering these areas. This is likely to come into force in April 2011.

What's changed?

There has been a levelling up of protection for people discriminated against because they are perceived to have, or are associated with someone who has, a protected characteristic. This is as a result of the Coleman case, where it was found that Sharon Coleman had experienced disability discrimination by her employer in relation to her disabled son.

Indirect discrimination now applies to disability and there is a new concept of "discrimination arising from disability", to replace protection under previous legislation lost as a result of a legal judgment (the Malcolm case).

In addition, direct discrimination because of a combination of two relevant protected characteristics (for example gender and disability) is now unlawful.

The thresholds for the duty to make reasonable adjustments for disabled people have been harmonised across different areas of life - employment, services, premises, etc.

In addition, the circumstances in which employers can ask job applicants questions about disability or health have been restricted.

Pre-employment questions about health and disability

Most of the legislation relating to disabled people has been in place for a number of years, though some of it has now been strengthened or clarified. The most important new provision in the new Act will outlaw asking prospective employees questions about health or disability before a job offer has been made.

Many employers use a pre-employment questionnaire and refer to health and disability in recruitment literature. It will now be illegal in most circumstances to ask people to make a declaration about their health in this way. However, it is still legal, and indeed good practice, to ask all applicants if they need any reasonable adjustments during the recruitment process. If applicants raise a disability or long-term health condition, or the need for adjustments to perform the job, during recruitment, employers can discuss this with them.

The purpose of the new measure is to ensure that disabled people get a fair chance of a job, without allowing intentional or unintentional prejudice about what they can do to influence the decision about who to appoint.

Goss Consultancy Ltd
October 2010