The Equality Act
Disabled people should have freedom, dignity, choice and control
over their lives. We want to remove the barriers that stop people
from enjoying equal access to full citizenship.
In Scotland, responsibility for issues that affect disabled
people are split between issues reserved to the UK Government, and
areas that the Scottish Government are responsible for.
The Scottish Government are responsible for most public services
including: local councils, education, housing, social work and the
NHS in Scotland. However, employment law - including provisions
within the Equality Act - is reserved to the UK Government.
The Equality Act (2010) is the main piece of legislation that
addresses discrimination and inequality in the UK. The following
are the characteristics which are protected under the Equality Act
(2010):
- Age
- Disability
- Gender reassignment
- Marriage and civil partnership
- Pregnancy and maternity
- Race
- Religion or belief
- Sex
- Sexual orientation
The law prohibits both direct and indirect discrimination
relating to any of these protected characteristics and individuals
who feel they have been discriminated against on any of the above
grounds can bring an action in court against the perpetrator. The
law also prohibits victimisation of persons who have brought action
against a perpetrator or given evidence in connection with
proceedings under the Act.
The Act prohibits discrimination across a broad range of areas
including employment, the provision of goods and services to the
public and the exercise of public functions. The UK Government is
responsible for equality legislation including the Equality
Act.
Importantly for employers, The Act specifies that all
employers in the UK have a legal duty to implement reasonable
adjustments in the workplace for disabled employees. Under the
legislation, employers must make reasonable adjustments
where disabled staff would otherwise be put at a substantial
disadvantage compared with non-disabled colleagues. Reasonable
adjustments in the workplace can include, but are not limited
to:
- Physical adaptations to help disabled employees do their job
(e.g. the installation of a ramp or accessible toilet, the
provision of large screens or assistive software to help people
with sensory impairments access information on screen, or the
installation of a hearing loop in the building);
- Working pattern adaptations (e.g. offering a flexible working
arrangement, or offering part-time or reduced hours
contracts);
- Human support in the workplace (e.g. the provision of a
personal assistant, making BSL interpreters available for meetings,
or providing a job coach); and
- Transport support, both in the workplace and to and from work
(e.g. paying taxi costs or funding a driver).
The extra costs of employing a disabled person, including those
outlined above, may be able to be met with an Access to Work grant
from the Department for Work and Pensions (see section 7).
Employers also have a legal obligation to make reasonable
adjustments during the recruitment of new employees. Information
and guidance on Reasonable Adjustments for employees and employers
can be found on the Advisory,
Conciliation, and Arbitration Service (ACAS) website or in
the
EHRC Guidance for employers about their responsibilities under the
Equality Act 2010.
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