THE EQUALITY ACT 2010 AND THE UNITED NATIONS

EMPLOYMENT

It is against the law for employers to discriminate against you because of a disability.

The Equality Act 2010 protects you and covers areas including:
• Application forms
• Interview arrangements
• Aptitude or proficiency tests
• Job offers
• Terms of employment, including pay
• Promotion, transfer and training opportunities
• Dismissal or redundancy
• Discipline and grievances

REASONABLE ADJUSTMENTS IN THE WORKPLACE

An employer has to make ‘reasonable adjustments’ to avoid you being put at a disadvantage compared to non-disabled people in the workplace. For example, adjusting your working hours or providing you with a special piece of equipment to help you do the job.

RECRUITMENT

An employer who is recruiting staff may make limited enquiries about your health or disability. You can only be asked about your health or disability:
• To help decide if you can carry out a task that is an essential part of the work
• To help find out if you can take part in an interview
• To help decide if the interviewers need to make reasonable adjustments for you in a selection process
• To help monitoring
• If they want to increase the number of disabled people they employ
• If they need to know for the purposes of national security checks

You may be asked whether you have a health condition or disability on an application form or in an interview. You need to think about whether the question is one that is allowed to be asked at that stage of recruitment.

EDUCATION

It is against the law for a school or other education provider to treat disabled students unfavourably. This includes:
• ‘Direct discrimination’ – e.g. refusing admission to a student because of disability
• ‘Indirect discrimination’ – e.g. only providing application forms in one format that may not be accessible
• ‘Discrimination arising from a disability’ – e.g. a disabled pupil is prevented from going outside at break time because it takes too long to get there
• Harassment’ – e.g. a teacher shouts at a disabled student for not paying attention when the student’s disability stops them from easily concentrating
• Victimisation – e.g. suspending a disabled student because they’ve complained about harassment

REASONABLE ADJUSTMENTS

An education provider has a duty to make ‘reasonable adjustments’ to make sure disabled students are not discriminated against. These changes could include:
• Changes to physical features – for example, creating a ramp so that students can enter a classroom
• Providing extra support and aids (such as specialist teachers or equipment)