The document discusses disability discrimination in the context of the Equality Act 2010, outlining the definitions, types of discrimination, and the responsibilities of employers regarding reasonable adjustments for disabled individuals. It highlights different forms of discrimination, including direct, indirect, and harassment, as well as the legal obligations for creating an inclusive workplace. The content is aimed at educating participants in a webinar about best practices and legal frameworks surrounding recruitment and treatment of disabled individuals.

1. Disability Discrimination – What you need to know
By: Marie Walsh
On: 14th July 2015 @ 13:00
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4. Disability Discrimination
14th July 2015
Marie Walsh

5. Disability ?
• Equality Act 2010
• Physical or mental impairment
• Impairment must have substantial
adverse effects
• Adverse effects on normal day to day
activities.
• Long term.

6. Legislation
• Covers – Employees, Contract Workers,
Partners and Office Holders
• Applies to recruitment, terms and
conditions, promotions, transfers,
dismissals and training.

7. Types of Discrimination
• Direct
• Indirect
• Unfavourable treatment because of
something arising in consequence of a
disability
• Failure to make Reasonable Adjustments
• Harassment related to disability
• Victimisation

8. Direct Discrimination
• Section 13 EqA 2010
• Because of disability a person
treats another less favourably
than he/she would treat others

9. Indirect Discrimination
• Section 6 and Section 19 EqA 2010
• A provision criterion or practice (PCP)
• C had a disability
• The PCP is applied to everyone
• The PCP puts or would put those with the
Claimants disability at a particular
disadvantage
• The PCP puts or would put the Claimant at
that disadvantage
• PCP can not be justified by Respondent.

10. Arising From …
• Section 15 EqA 2010
– Respondent treats Claimant unfavourably because
of something arising in consequence of the
Claimants disability
– Respondent can not show the treatment is a
proportionate means of achieving a legitimate
aim.

11. Reasonable Adjustments
• Section 20 EqA 2010
– Duty on employers to make reasonable
adjustments to premises or working practices to
help disabled job applicants and employees.

12. Harassment
• Civil Claim.
• Also under the EqA 2010 – section 26
• Unwanted conduct related to disability
• Purpose or effect of violating Claimants
dignity or creating an intimidating
hostile degrading, humiliating or
offensive environment for the Claimant

13. Harassment Cont
• Taking into account C’s perception,
circumstances of the case and whether its
reasonable for the conduct to have that
effect.

14. Victimisation
• If the Employer subjects the employee to a
detriment because he/she has don’t intends
to do or is suspected of doing or indtending to
do a protected act.
• Protected act are for example bringing
proceedings under the EqA

15. Questions

16. Telephone: 0113 3571317
Website: www.Consilialegal.co.uk
email: caroline@consilialegal.co.uk
marie@consilialegal.co.uk
Twitter: @consiliaemplaw
Linked in: https://www.linkedin.com/in/MarieWalshsolicitor
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