Equality Act 2010: A Critical Analysis of its Provisions for Disability Discrimination

This report provides a critical analysis of the Equality Act 2010 and its provisions for disability discrimination. It discusses the background of the act, its effectiveness in providing justice to disabled individuals, and recommendations for improvement.

CIVIL LAW
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TABLE OF CONTENTS
Introduction................................................................................................................................3
Background of Equality Act 2010..............................................................................................4
The manner in which equality act 2010 makes justice towards disability discrimination.........5
Critical Analysis of Equality Act relating to characteristic such as necessary, useful and
extended to other protected characteristics................................................................................8
Efforts to equality Act 2010 to provide justice to disability discrimination..............................9
Recommendation relating to Equality Act 2010......................................................................11
Conclusion................................................................................................................................12
Biblography..............................................................................................................................13
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INTRODUCTION
Equality Act 2010 is a legislative framework which prevents the individuals from
discrimination taking place within the organisation or in society. The anti-discrimination laws
which exist earlier are substituted by this single act1. With the assistance of the same, the law
becomes much easier to comprehend and reinforcing protection in different circumstances.
Further, the act also passes various laws according to which discriminating individuals are
illegal. If someone is treated discriminately, then the individual has the right to take action
against it. The fundamental objective of the act is to manage the intricate and various arrays
of acts and regulations on the anti-discrimination laws are based2. The present report revolves
around the history of the Equality Act 2010, whether it is necessary, useful or must be
widened to other protected characteristics. In order to determine the same, the discussion has
been done in brief.
BACKGROUND OF EQUALITY ACT 2010
In April 2010 the equality bill obtained a royal acquiesce to develop into the Equality Act
2010 through bringing together and widening the previous legislation relating to equality3.
Since the act is brought into the force due to which all the existing legislation of equality are
replaced with this act. Moreover, the drivers for Equality Act were to synchronize
discrimination law as well to reinforce the law in order to support growth on equality4.
1 Eric M Adams. "Human rights at work: Physical standards for employment and human
rights law." (Applied physiology, nutrition, and metabolism 41.6 2016) Pp S63-S73.
2 Michael J Zimmer and A. Sullivan Charles. Cases and materials on employment
discrimination. (Wolters Kluwer Law & Business, 2017).
3 Rhys Peri Stephens. "The Intrinsic Moral Worth of Anti-Discrimination Law." (NEL Rev. 6
2018) Pp 62.
4 Geraint John, Sheard Rod,and Vickery Ben. "Providing for disabled people." (Stadia.
Routledge, 2016) Pp 131-138.
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In addition to this, the act comprises the 1995 Disability Discrimination Act, according to
which the discriminating people on the basis of their disabilities is prohibited. Equalities Act
with the race, age, sex and various categorizes disability as a protected characteristic. It is
defined as physical or mental mutilation which has a substantial and long- term impact on a
person’s capability to exercise its regular activities. Furthermore, the act forbids any kind of
indirect discrimination or discrimination taking place on the basis of disability. The earlier
form of discrimination states that treating a disabled individual critically because of
something associated with their disability comprises discrimination5.
In 1970 with the Equal Pay Act, which came into force in 1975, anti-discrimination and
equality law in Great Britain has been established to prohibit discrimination on the basis of
age, disability, sex, race, sexual orientation, faith and religion. The amalgamation of anti-
discrimination laws and equality laws was hence one of the drivers behind Equality Act 2010,
whose fundamental purpose is to reorganize and to simplify previous security into one place.
In addition to this, the second driver of for the act was recognized lack of development in
Great Britain on equality and especially on attaining the parity of payment to men and
women. Furthermore, the Equality act 2010 encloses England and Wales, Scotland with the
exemption of a few sections concerning enhancement to let dwelling houses as well as family
property. Instead of some concern that the Coalition Government may not execute the act, it
was declared in July 2010 that the act would be introducing as per the inventive timetable.
THE MANNER IN WHICH EQUALITY ACT 2010 MAKES JUSTICE
TOWARDS DISABILITY DISCRIMINATION
Disability discrimination refers to the situation when the individual is treated less well or
putting that person into the disadvantage on the basis of the disability. The treatment can be
the application of a rule or the existence of physical or communication obstruction which
make determining something complex or unfeasible. Moreover, it is to be considered that the
discrimination whether it is deliberated or unintentional, both are illegal. Treating disabled
5 Betul Yalcin, , Priestley Mark and Waddington Lisa. "Equality of opportunity in
employment? Disability rights and active labour market policies." (Routledge Handbook of
Disability Law and Human Rights. Routledge, 2016) Pp 88-103.
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person more auspiciously in comparison to that of non-disabled person is not illegal6.
Furthermore, executive or firm is not allowed to discriminate the employees on the basis of
their disabilities, until and unless they have good reason regarding the treatment and it is in
proportion, known as objective jurisdiction.
In accordance with the provision of Equality Act 2010 the person is not allowed to
discriminate on the basis of:
 On the insight that the individual has a disability, known as discrimination by
perception
 Having the connection with the disabled person, known as discrimination by
association7.
 Disability
The act also involves the people who are suffering from a progressive situation such as HIV,
cancer or multiple sclerosis, even though the individual is capable of exercising its day to day
activities8. Further, the individual is protected when a person is recognised with a progressive
condition. In addition to this, individual having a disability in their past are also included by
the Equality Act 2010. For instance, if someone has a mental health condition in the past
which continued for 12 months, but now the person is alright, that individual is still protected
from discrimination due to that disability.
The discrimination is categorised into 6 categories:
Indirect Discrimination: When a firm has a specific policy or manner of working which
has an adverse impact on the disabled person in contrast to those who are not disabled.
6 Gideon Calder. "Disability and misrecognition." (The politics of misrecognition. Routledge,
2016) Pp 113-132.
7 ElizabethF Emens,. Disability and equality law. (Routledge, 2017).
8 Mark Butler. Equality and anti-discrimination law: the Equality Act 2010 and other anti-
discrimination protections. (Spiramus Press Ltd, 2016).
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Harassment: Treating someone in such a manner which makes the disabled person feeling
disgraced, offended or tainted.
Discrimination resulting from disability: Having the discrimination on the basis of
disability.
Victimisation: When the person is treated worse because the complaint is filed against the
discrimination done on him, Neil Thompson. Anti-discriminatory practice: Equality,
diversity and social justice. (Macmillan International Higher Education, 2016).
Direct Discrimination: Treating disabled individual badly than the non-disabled person in
the same situation.
Failure to make rational adjustments: Not meeting the responsibility of making sure that
no discrimination will be done in the company on the basis of disability.
Furthermore, the Equality Act also defines that executives are not allowed to ask a job
candidate regarding their disability till the job is offered9. At the same time, if it is significant
to know for the application procedure or for the requirement of the job, executives are
allowed to ask about the disability before offering the job. For instance, a job candidate fills
in the application form which asks people to write whether the applicant is taking any
medication. If there is an appropriate reason to know about the disability, the employer is not
allowed to ask any question regarding the same.
CRITICAL ANALYSIS OF EQUALITY ACT RELATING TO
CHARACTERISTIC SUCH AS NECESSARY, USEFUL AND
EXTENDED TO OTHER PROTECTED CHARACTERISTICS
One of the main arguments attached with the Equality Act 2010 is that the no specific
provision relates solely to disability discrimination. Even though in past years, a significant
absence of protection against disabled people has been assessed. For instance: provision such
as ‘ugly laws’ in which people are not allowed to move to general places in case they have
9 Tony Morden. Equality, Diversity and Opportunity Management: Costs, Strategies and
Leadership. (Routledge, 2016).
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diseases or disfigurement in case the same is unsightable10. Thus, question is being put on that
as disability discrimination is ruled along with other protected characteristic, the law is not
serious regarding same to a significant extent.
Another claim which is being made against the same is that additional category for disability
discrimination will be of no use as will not make any difference as the provisions within it
will be the same. The same has been proven in the decision of the case of Lewisham LBC v
Malcolm case in which it was concluded that in case a person did not know about the
disability and it cannot reasonably have to be expected to know, the same is a possible
defence for unintended disability. Thus, all these arguments put the Act questionable and
weaken the efficiency and effectiveness of provisions of the Act.
EFFORTS TO EQUALITY ACT 2010 TO PROVIDE JUSTICE TO
DISABILITY DISCRIMINATION
Section 309 of the Equality Act 2010 specifies that the local authorities are prohibited from
securing further and higher education, preserving school giving further education, to
distinguish people, harass or victimise an individual relative to concluding who to register, or
in the manner, it offers any services when the person has been registered11. Furthermore, the
act also inflicts the obligation to make reasonable adjustments while providing such facilities
and services to people who are suffering from a disability. Section 310 is introduced to
imitate the effect of the provision in the Disability Discrimination 1995 and to expand
prevention to all confined characteristics. A further attempt has also been made to remove the
impact of discrimination due to disability through the provision specified in section 69 and 70
of Equality Act 201012. As section 69 asserts that it is discrimination in case disable person is
10 Elena Vladimirovna Fell and Dyban Maria. "Against Discrimination: Equality Act 2010
(UK)." (The European Proceedings of Social & Behavioural Sciences (EpSBS). Vol. 19:
Lifelong Wellbeing in the World (WELLSO 2016).—Nicosia, 2017. 192016 2017) P 188-194.
11 Bogdan Lesnik. Countering Discrimination in Social Work. Routledge, 2017.
12 Sandra Fredma,. "Disability equality: a challenge to the existing anti-discrimination
paradigm?." (Disability and Equality Law. Routledge, 2017) Pp 123-142.
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unfavourable manner not due to its disability but due to any variant or consequence of his or
her disability.
Moreover, section 70 of the specified act also provides no protection from disability relating
to discrimination13. The same decision was taken by the House of Lords in the judgement of
the case of London Borough of Lewisham v Malcolm [2008] UKHL 43 in which no
protection was provided due to disability discrimination14. The main objective of this section
to maintain appropriate balance which provides an equal opportunity to both the parties to
prove their innocence. Another landmark case of Crisp v Iceland Food Ltd 2010
ET/16004478/11 and ET/1600000/12; is proof of the effectiveness of the legislature in which
appeal was upheld in favour of an employee for constructive dismissal, disability
discrimination and failure to make appropriate adjustments15. From the above provisions, it
can be concluded that appropriate efforts have been made by provisions of the act in order to
provide justice to general people in relation to disability discrimination. However, it can also
be assessed that a wide necessity of adding on the provisions in detail manner so that the
effectiveness of the provision of the act can be enhanced.
RECOMMENDATION RELATING TO EQUALITY ACT 2010
In present Equality act 2010, age discrimination is still legal as it has a legitimate aim, but the
same is believed as a disadvantage of the act16. Another disadvantage which is attached to the
legislation is that a huge cost is attached to the same and a few high profile case laws are
available as an example. The recommendation relating to Equality Act 2010 is to make
13 Bjørn Hvinden. "Disability." (Routledge Handbook of the Welfare State. Routledge, 2018)
Pp 432-442.
14 London Borough of Lewisham v Malcolm [2008] UKHL 43
15 Crisp v Iceland Food Ltd 2010 ET/16004478/11 and ET/1600000/12
16 Lucy Series. "Mental capacity and the control of sexuality of people with intellectual
disabilities in England and Wales." (Disability research today: International
perspectives 2015) Pp 149-165.
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efficient attempt to make the effect of these disadvantages to negligible so that the existing
efficiency of the legislature could be accelerated.
Further, provisions should be made stricter so that disabled people could access jobs,
education and services in the same manner as non-disabled people do. Additional provision
should be drafted so that when managers and firms are not exercising this duty appropriately
the discrimination arises on the basis of disability. The same is known as failure to make the
rational adjustment. For instance, worker suffering from mobility impairment requires a
parking space close to the workplace, but the manager denied allotting space to him and said
that this space belongs to senior executives. The reasonable depends on a number of aspects
comprising resources accessible to the company making the adjustment. It would be
reasonable for the company to give the designated space to the disabled individual if the
organisation has a wide parking space. All these recommended changes will make the
Equality Act 2010 more effective as well as efficient.
CONCLUSION
It can be concluded from the above discussion that the provision of Equality Act 2010 are
drafted in accordance so that managers and firms are obliged to ensure that disabled
individuals can also apply for the jobs, educations and services with no difficulties. The same
can be considered as a duty to make rational adjustments. However, the fact cannot be denied
that there is a need for increasing protected characteristic in order to reduce disability
discrimination. Overall, it can be assessed that there is a requirement of improvement in the
act in order to satisfy the legislation fully and same can be done through adding on provision
along with clarity and detail explanation relating same.
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BIBLIOGRAPHY
Adams, E. M. "Human rights at work: Physical standards for employment and human rights
law." (Applied physiology, nutrition, and metabolism 41.6 2016) Pp S63-S73.
Butler, M. Equality and anti-discrimination law: the Equality Act 2010 and other anti-
discrimination protections. (Spiramus Press Ltd, 2016).
Calder, G. "Disability and misrecognition." (The politics of misrecognition. Routledge, 2016)
Pp 113-132.
Crisp v Iceland Food Ltd 2010 ET/16004478/11 and ET/1600000/12
Emens, E. Disability and equality law. (Routledge, 2017).
Fell E. V. and Maria D. "Against Discrimination: Equality Act 2010 (UK)." (The European
Proceedings of Social & Behavioural Sciences (EpSBS). Vol. 19: Lifelong Wellbeing in the
World (WELLSO 2016).—Nicosia, 2017. 192016 2017) Pp 188-194.
Fredman, S. "Disability equality: a challenge to the existing anti-discrimination
paradigm?." (Disability and Equality Law. Routledge, 2017) Pp 123-142.
Hvinden, B. "Disability." (Routledge Handbook of the Welfare State. Routledge, 2018) Pp
432-442.
John, G., Rod S., and Ben V. "Providing for disabled people." (Stadia. Routledge, 2016) Pp
131-138.
Lesnik, B. Countering Discrimination in Social Work. (Routledge, 2017).
London Borough of Lewisham v Malcolm [2008] UKHL 43
Morden, T. Equality, Diversity and Opportunity Management: Costs, Strategies and
Leadership. (Routledge, 2016).
Series, L. "Mental capacity and the control of sexuality of people with intellectual disabilities
in England and Wales." (Disability research today: International perspectives 2015) Pp 149-
165.
Stephens, R. P. "The Intrinsic Moral Worth of Anti-Discrimination Law." (NEL Rev. 6 2018)
Pp 62.
Thompson, N. Anti-discriminatory practice: Equality, diversity and social justice.
(Macmillan International Higher Education, 2016).
Yalcin, B., Mark P., and Lisa W. "Equality of opportunity in employment? Disability rights
and active labour market policies." (Routledge Handbook of Disability Law and Human
Rights. Routledge) Pp 2016. 88-103.
Zimmer, M. J., and Charles A. S. Cases and materials on employment discrimination.
(Wolters Kluwer Law & Business, 2017).
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