Disability Rights in UK: Analysis of Societal Opinion and Relevant Legislations

This report analyzes the issue of disability rights in UK, including societal opinion and relevant legislations such as the Equality Act of 2010 and Disability Discrimination Act of 1995. It covers the vulnerable groups of persons who are born or may suffer from disabilities after birth, and the discrimination they face in society. The report also discusses recent cases and surveys related to disability discrimination in the workplace and education.

Course Work Portfolio

Contents
INTRODUCTION.....................................................................................................................................4
MAIN BODY............................................................................................................................................4
TASK ......................................................................................................................................................4
Analysis in societal opinion ...............................................................................................................4
Legislations and case laws.................................................................................................................6
REFERENCES..........................................................................................................................................9

INTRODUCTION
The UK common law is based on the principle of equity that provide fair and just
treatment to all its citizens. Person with diability soffers lot of discrimination at workplace,
or in a society. The issue of diability is very complex and creates barriers for the people whoi
are suffring from any kind of vulnerability as a result of which they find many hindrances in
active articipation in a society. There are vulnerble group of persons that are born or may be
suffered from some disabilities after birth. They are not only discimrinated on the basis of
their physical appearnace, race, sex orientation but also even disallowed them from the use of
public areas (Pyaneandee, 2018). The disability on the basis of sexual orientation has been
suffered by LGBTQ and considered as third gender and faced many discrimination in the
societies. According to the UN declaration fo Human rights provides the general principles to
the LGBTQ to secure their egal and inherent rights. The International Convention on Rights
of Person with Disability Article 1, recognises the physcial, sexual and mental diability of a
person and established the social model for them to understand the serious issues of disability
(Broderick and Ferri, 2019). This report will cover the seriouys issue of disability rights in
UK and its relevant provisons in relation to UK.
MAIN BODY
TASK
Analysis in societal opinion
On the issue of disability rights, using the disability new service report of 24th March,
2022 titled UN hear how disabled people feel 'expendable' after rights regression since 2017
by John Pring (https://www.disabilitynewsservice.com/un-to-hear-how-disabled-people-feel-
expendable-after-rights-regression-since-2017/) , highlights the UK government response
towards the disabled people as they were continously ignored by the society and their life has
given less value as compared to others. Accordig to the Equality Act of 2010 of UK rpvides
the right to equality, maintains the integirty and dignity of an individual who are physically
diabled and incapable. This legislation is considered as the primary source that governs the
right of the disabled people and allows them to access all the ebenfits of housing, hospital,
transport, education etc (Kanter, 2006). The UK government has recently rectified the UN
Convention on the rights of People with disabilities to provide them funding and financial
assistance.

They ban all such discrimination on here by analysing and advocating different kind of
legalities nationwide. There is also being recorded in 2021 survey by DOVE along with the
CROWN coalition that about one third of children who are black and are being studying in
the white majority school being discriminated on the basis of the racial hair. And this survey
also enlighten us that 80% of children generally face all such issues at the age of 12.
On eight September 2021 BBC Has also raised one of article in which a mother
denied 5 PM finish went off £1,85,000 payout. In that meantime Alice Thompson urged to
work in a shorter time to manage pick up late for a daughter from the nursery, but there
observed that she eventually quit. There was a real state agent who was being working
formerly has spent about £10,000 in order to pursue a proceeding which was being made
against her former employer (Thompson, 2020). Through that claim she giving the award of
£1,85,000 bye labour court, in that week she told BBC that she faced a long and painstaking
journey. Court ruled that she was being suffering from indirect sexism as the company denies
to consider all her allegations. Meanwhile, when she was keen to return to a job by
completing her maternity leave, where she also asked that if she could go to work in four
days a week and also on time at 5 PM rather than 6 PM in order to pick up her daughter who
is being in kindergarten. Thereby breastfeeding mothers raise a complaint against all jury
service and new mom when start as her manager replied that she can’t afford to work in part
time. The first legisation in relation to Disabilty was passed named as Disability
Discrimination Act of 1995 that protect them from all kinds of discrimination that happens
agasinst the diabled person. It provides priotection to them almost in all areas which inlcudes
occupation, exercise of public functions, education and many more. The issue raised by
arbitral tribunal was being admitted for all the companies failure in order to consider different
detrimental flexible time system made for Mr Thompson and also legalise their allegations.
There is being seen that the judge awarded the compensation to adequate her loss for about
£1,85,000 which were being served for the loss of pension contribution, income, harm that is
being made to her interest and emotion. There is being seen that even with counselling also
performance was being found by co- to be managed in good enough manner. Plaintive
complain for flexible labour has not seem to be considered rather than it is deter mind and
was not considered for the unfair based in various areas on her gender (Cotter, 2018).

Legislations and case laws
For all workers with disabilities and the job seekers which face the disability there is
been made an act the disability discrimination act of 1995. It applies to all the notifications,
internal trawl nets, advertising and the outdoor. As it pertains to have the employee benefit,
working condition, retirement procedure, recruitment, promotion, selection, training and
career development. There is being implied that all such law play an important part in order
to introduce the implementation of law on December 2 1996. From October 1999, there were
being made reasonable adjustment for all the service providers and the people which were
being facing disabilities in order to give them additional assistance and also to provide
effective changing ways in the services (Aucante and Baudot, 2018). Later on after five years
in 2004 there is being provided the adjustment related to the physical characteristics and the
facilities in order to remove all the obstacles to enter. They were being made legislation and
the obligations to manage and promote the equality for all such persons facing disabilities
that were being introduced in 2006, there were being made all such collective rights rather
than individuals. In context to employment it is being noted that law generally force the
reasonable adjustment in order to manage the labour practice and also to allow all such
employment of the employees with disabilities. In the case of All Answers Ltd v W [2021],
Court has established the certain criteria to identify the disability of the claimant. The
statutory test has been applicable as per the Equality Act, 2010 and find them disabled. The
cliamant was suffered the discrimination which cause them stress and anxiety due act of his
fromal officer who not allowed him to sit close to them. Also, in the case of Richmond Adult
Community College v McDougall [2008], the Court held that employer's action may affect
the disbaled person at workplace and his derogatory act made them liable for affect the
inegrity of such persons. The recent case of Garcia v The Leadership Factor, 2022, the
tribunal held that stammer done by the employee while interviewing does not show his
disability.The claimant was claimed for direct and indirect discrimination.
This mainly provides the mechanism in relation to the different varieties of
disabilities which involve sensory, physical, mental health, learning disability and also the
progressive disorders like multiple sclerosis, AIDS (Kullmann, 2018). There is being seen
that so many british law which were being made through the law that are being attempted to
cover the considerable success are being undertaken. There are various legislation that
brimgs major changes in the Uk legal sytrem in rekation to disabilty rights includes
Disability Discrimiation Act, 1995, Eqality Act , 2010 , Race relation Act, 1976, Sex
Discrimiation Act , 1975 etc. Safeguard the right of the people. According to Equality Act

2010 is made to frame equal rights review as being mention by Bob Hepple’s. It created
modernisation and also promoted harmony so that it integrates gender, disability, race and all
such areas which will remove discrimination. The major priority is being given for all such
existing antidiscrimination laws is the equality act 2010 which cover all such areas that are
needed to be framed in the English law and also through which a proper clear definition in
order to manage the reduction of discrimination and also to promote the solidarity, equality in
the life of the individuals. This relates to associative, double destination, cognitive
discrimination, pre-employment interviews, transparency, objective justification testing,
disability related issues and all such definitions of disability (SAUNDERS, 2020).
Earlier when equality act 2010 was not being enforced, it is being analysed that so
many tests were being made with an objective justification. The main aim of the law is to
manage and replace all the previous issues which provides that employers and all the
managers should try to manage equality and also demonstrate a legitimate goals to words
proportionate anti discrimination means. In order to manage employment it is being required
to frame higher threshold , as there seems that this is quite difficult to manage the
disadvantages treatment for the employers. Law helps out to provide a clear broader meaning
of disability through which all the individuals which are being involved like the employers,
service provider, managers and the person with disability will able to analyse the meaning of
it and also the rights which are being granted in it. There is also being noted as in context
destination that equality act 2010 helped out in removing all the criticise Asian related to
disability which are important to be claim. Some of the major change in context to
employment is that all the health in relation to job seekers will provide the specific areas to
be permissible (Arstein-Kerslake and Black, 2020). The permitted areas and the questions
which are being applied art monitor application diversity. In order to determine if there is any
candidate which can meet their obligation to manage the interview or any of the reasonable
adjustment which is required to be made by the employer to allow any candidate to be
evaluated by judgement. Equality act 2010 also helps in making perceptions and also
association through which harassment can be removed and it promotes transparency related
to the public institutions and stipulates the general employment rate which allows a double
destination laws to be applied. All such individuals who generally claim for destination
considers to have two different aspects and reasons related to race and disability (Gelber,
2019).

CONCLUSION
It can be seen that in today’s time every person is generally talking about
globalisation, democracy and also about the international security and peace. There were so
many issues which can be witnessed regarding to the suffering of faith, interest, ethnic and
general backgrounds in the newspaper, news, films and also in media channels. anti-
discrimination act focused on the element related to legislation which helps out to avoid all
the self-destruction. All such concept on the strategies which are being applied in the
workplace are thereby not at all acceptable from the outside areas. It also helps in managing
the life of government in an easy manner and also to offer all the individuals to make equal
opportunities regarding to salary satisfaction and the job security to manage the standard of
living. Further there is being seen that for the future improvement and growth it is important
to investigate and manage all the extended examination and the requirement of information to
be properly managed. The business structure also helps in proposing the arrangement which
incorporates the attachment and also to maintain the regulations and act.

REFERENCES
Atrey, S., 2018. The intersectional case of poverty in discrimination law. Human Rights Law
Review, 18(3), pp.411-440.
Badham, B., 2004. Participation—for a change: Disabled young people lead the
way. Children & Society, 18(2), pp.143-154.
Pyaneandee, C., 2018. International disability law: A practical approach to the United
Nations Convention on the Rights of Persons with Disabilities. Routledge.
Bickenbach, J.E. and Bickenbach, J.E., 2009. Disability, culture and the UN
convention. Disability and Rehabilitation, 31(14), pp.1111-1124.
Cotter, A.M.M., 2018. This Ability: An International Legal Analysis of Disability
Discrimination. Routledge.
Broderick, A. and Ferri, D., 2019. International and European disability law and policy.
Cambridge University Press.
Gelber, K., 2019. Differentiating hate speech: a systemic discrimination approach. Critical
Review of International Social and Political Philosophy.
Hacker, P., 2018. Teaching fairness to artificial intelligence: existing and novel strategies
against algorithmic discrimination under EU law. Common Market Law
Review, 55(4).
Kanter, A.S., 2006. The promise and challenge of the United Nations Convention on the
Rights of Persons with Disabilities. Syracuse J. Int'l L. & Com., 34, p.287.
Khaitan, T., 2018. Indirect discrimination. Indirect discrimination’in Kasper Lippert-
Rasmussen ed, Routledge Handbook of the Ethics of Discrimination (Routledge
2017), pp.30-41.
Kullmann, M., 2018. Platform work, algorithmic decision-making, and EU gender equality
law. International Journal of Comparative Labour Law and Industrial
Relations, 34(1).
Oliver, M. and Barnes, C., 2013. Disability studies, disabled people and the struggle for
inclusion. In The Sociology of Disability and Inclusive Education (pp. 20-33).
Routledge.
SAUNDERS, H., 2020. Does the law provide effective equality rights for people with a
visible difference in the workplace? (Doctoral dissertation, Durham University).
Aucante, Y. and Baudot, P.Y., 2018. Introduction: Implementing Disability Rights in
National Contexts: Norms, Diffusion, and Conflicts. Social Policy and Society, 17(1),
pp.87-100.
Stavert, J., 2022. Giving effect to Article 12 Convention on the Rights of Persons with
Disabilities in Scottish law, Policy and Practice: What Might or Does it Look Like?.

Arstein-Kerslake, A. and Black, J., 2020. Right to legal capacity in therapeutic jurisprudence:
Insights from critical disability theory and the convention on the rights of persons
with disabilities. International Journal of Law and Psychiatry, 68, p.101535.
Thompson, N., 2020. Anti-discriminatory practice: Equality, diversity and social justice.
Bloomsbury Publishing.