The Equality Act 2010 (Disability) Regulations

2010.Philip N Simpson

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;3. Give a definition of ‘disability’ under the Act4. Describe who the Act serves to protect5. Compare and contrast the Medical & Social

Model of disability

Aims and Objectives

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)

Previous Relevant Legislation

Take a few minutes to look at the following clip:

http://www.youtube.com/watch?v=UuIdq_ftQY8

Overview of the Act

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

Who does the Act protect?

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.

Equality / inequality

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.

Definition of Disability under the Equality Act 2010.

‘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

What ‘substantial’ and ‘long-term’ mean

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.

Progressive conditions

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

What isn’t counted as a disability

Two principal models:

Models of Disability

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.

The Medical Model of Disability

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

Medical Model cont......

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).

Social Model of Disability

'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'. 

What constitutes ‘reasonable adjustments’ under the Act?

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

What does this mean in practise?

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

Reasonable adjustments cont...

Examples:

What do you want?

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

References