The document discusses the Equality Act of 2010 and disability rights in the UK. It begins with aims and objectives of understanding equality, disability, and applying the Equality Act. It then provides background on previous discrimination acts and defines key terms like "disability" and "substantial". The document contrasts the medical and social models of disability and examines protections provided under the Equality Act for individuals with disabilities, including in the workplace. Examples of reasonable adjustments are also provided.

1. Philip N Simpson

2. Aims:
1. Understand what equality means and why it is
important.
2. Understand the Equality Act 2010 and how it
can be applied in different cases.
Objectives:
By the end of the session students should be able to;
1. Give a definition of ‘disability’ under the Act
2. Describe who the Act serves to protect
3. Compare and contrast the Medical & Social
Model of disability

3.  Chronically Sick and Disabled Persons Act
(1970)
 Sex Discrimination Act 1975
 Race Relations Act 1976
 NHS and Community Care Act (1990)
 Disability Discrimination Act (1995)
 Gender Recognition Act 2004
 Disability Discrimination Act (2005)

4. Take a few minutes to look at the following
clip:
 http://www.youtube.com/watch?v=UuIdq_ftQ
Y8

5.  Protects individuals with a ‘disability’
 Protects people of ‘all’ ages
 Protects women, men and transsexual people
 Protects against race discrimination
 Protects against sexual discrimination
 Protects against religious discrimination
 Protects employees with partners from
discrimination
 Protects women in pregnancy and maternity

6.  Equality is having equal opportunities and
rights. It is being treated fairly. It also means
being able and supported to reach your
potential.
 Inequality is when people aren’t given equal
opportunities and rights. They are treated
unfairly and experience discrimination.

7.  You’re disabled under the Equality Act 2010 if
you have a physical or mental impairment
that has a ‘substantial’ and ‘long-term’
negative effect on your ability to do normal
daily activities.

8.  ‘substantial’ is more than minor or trivial - eg
it takes much longer than it usually would to
complete a daily task like getting dressed
 ‘long-term’ means 12 months or more - eg a
breathing condition that develops as a result
of a lung infection

9.  A progressive condition is a condition that
gets worse over time. People with progressive
conditions can be classed as disabled.
 However, you automatically meet the
disability definition under the Equality Act
2010 from the day you’re diagnosed with HIV
infection, cancer or multiple sclerosis.

10.  Some conditions aren’t covered by the
disability definition. These include addiction
to non–prescribed drugs or alcohol.

11.  Two principal models:

12.  The medical model of disability is a socio-
political model by which illness or disability,
being the result of a physical condition, and
which is intrinsic to the individual (it is part of
that individual’s own body), may reduce the
individual's quality of life, and causes clear
disadvantages to the individual.

13.  Derives from traditional approach to medicine
 Sees the body as something like a machine
 When machine ‘breaks’ the Doctor looks to
fix it through either surgery or medication

15.  This model suggests the ‘issue’ of disability
lies within society rather than the individual
 Argues that the impairment is rarely the
disabling factor, rather it is the failure of
society to make appropriate provision or
adaptations (Moore, 2002, p.402).

17.  'Substantial' to be defined
 What then does 'substantial' mean? It might
mean 'very large', or just 'more than minor or
trivial'. Codes of Practice on other areas of
the DDA where the 'substantial disadvantage'
test was used for reasonable adjustments
said it means 'more than minor or trivial'.
However, this is now confirmed by the
legislation itself. S.212(1) Equality Act 2010
defines 'substantial' to mean 'more than
minor or trivial'.

18.  In the workplace, education etc:
 Allocating some of the disabled person’s
duties to another person
 Transferring the person to an existing
vacancy
 Altering the person’s hours of working or
training
 Work or training at a different location
 Getting or changing equipment
 Changing instructions or reference manuals

19.  Modifying procedures for testing or
assessment
 Allowing extra time to complete exams
 Providing a reader or interpreter
 Providing material in an accessible format
e.g. Large print, Braille, audio etc

22.  Moore, S. (2002). Social Welfare Alive 3rd ed.
Cheltenham: Nelson Thornes Ltd.
 Shakespeare, T. (2006). Disability Rights and
Wrongs Oxon: Routledge.
 Swain, J. et al eds. (2005). Disabling Barriers,
Enabling Environments. 2nd ed. London: Sage.
 http://www.legislation.gov.uk
 philipsimpson693@gmail.com