equality

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The Equality Act 2010 which replaces Disability Discrimination Act (DDA)1995 and brings together, harmonises and in some respects extends the current equality laws. It aims to make it more consistent, clearer and easier to follow in order to make society fairer.

The duty to make reasonable adjustments operates slightly differently under the Equality Act, but the object is the same: to avoid as far as possible by reasonable means the disadvantage which a disabled person experiences because of their disability.

Although the majority of the requirements of the DDA remain in place, one of the main differences is that the new Act prohibits employers from discriminating against disabled employees because of something arising in consequence of that disability.

The Act also makes it unlawful for employers to ask job applicants questions about disability or health before making a job offer, except in specified circumstances.

Disabled employees will also no longer be required to establish that their treatment is less favourable than that experienced by other non-disabled employees. An employee must simply establish that unfavourable treatment is because of something connected with their disability.

The new Act has also introduced the concept of disability harassment which is unwanted behaviour related to disability that has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them.

Third party harassment is also made illegal by extending protection to workers who are harassed by third parties, such as customers or suppliers. The employer will become legally responsible if they know that such harassment has taken place twice before and has failed to take reasonable steps to protect the worker from further harassment.

Building regulations regarding access need to be complied with and Approved Document M of the Building Regulations deals with the means of access to and into buildings, either from the boundary of the site or from car parking facilities.

Building Regulations Part B (Fire Safety) includes further requirements for means of escape for disabled people such as emergency voice communications in refuges, management plans for effective evacuation and clearer signage, whilst as-built plans must include escape routes for those with disabilities.

Building Regulations Part M (Access To and Use of Buildings) sets minimum standards for access and use of buildings by all building users, including disabled people.  The Regulation avoids specific reference to, and a definition of, disabled people.  This inclusive approach means that buildings and their facilities should be accessible and usable by all people who use buildings – including parents with children, older people and disabled people.