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Equality Act 2010

two people of different race working together

The Equality Act 2010 makes certain types of discrimination unlawful. It replaces the Disability Discrimination Act, as well as other anti-discrimination legislation.

This means that if you experience discrimination in one of the areas listed below, you can take action in the civil courts:

  • Age.
  • Disability.
  • Gender reassignment.
  • Marriage and civil partnership.
  • Pregnancy and maternity.
  • Race.
  • Religion and belief.
  • Sex.
  • Sexual orientation.

These areas are considered ‘protected characteristics’ under the Equality Act.

The Equality Act applies in England, Wales and Scotland and gives protection in relation to employment, education, access to goods, facilities and services as well as in buying or renting land or property.

How does the Act protect me at work?

Under this legislation, all people diagnosed with HIV are considered to be ‘disabled’ regardless of their health status.

Being considered disabled gives people with HIV protection against discrimination in many aspects of employment, including the recruitment process. The legislation protects you from less favourable treatment in the following areas:

  • When applying for a job.
  • In the terms under which employment is offered.
  • In opportunities for training, promotion or other benefits.
  • In the way an employee is treated by the employer and colleagues.
  • When being dismissed or selected for redundancy.
  • After leaving the job, for example when requesting a reference or dealing with the company pension fund.

An employer can be held responsible not just for the discriminatory actions of the management or of the company itself, but also for the behaviour of other employees. For example if an HIV positive employee suffers harassment from his or her colleagues, and the employer cannot show that they took steps to try to prevent this happening, then the employer can be held responsible.

Probably the most important aspect of the legislation is the right to request reasonable adjustments. If there is a way of working or an aspect of the workplace which puts a disabled worker at a disadvantage, the employer must make all adjustments which are reasonable to remove that disadvantage. This means that employers must take reasonable steps so that the disabled worker can carry out his or her job without disadvantage.

The employer must normally be aware of the employee’s disability before they are expected to make reasonable adjustments.

Some examples of reasonable adjustments include:

  • making a workplace accessible to a worker who uses a wheelchair
  • allocating some of the disabled person’s duties to another person
  • altering the person’s hours of work or training
  • work or training at a different location
  • allowing a disabled employee to take a period of disability leave
  • providing supervision or other support.

What is ‘reasonable’ is determined on a case-by-case basis. An employer may consider how effective the change will be in avoiding the disadvantage a disabled employee would otherwise experience, its practicality, the cost based on the organisation’s resources and size and the availability of financial support.

For people with HIV, the most commonly requested adjustments tend to be time off for clinic appointments, changes in hours worked and changes to start or finish times.

Another important aspect of the legislation is that, except in very restricted circumstances, the employer is prohibited from asking job applicants health or disability related questions until the person has been offered a job.

Does the Act protect me from discrimination in healthcare?

Under the Equality Act, the following things could be unlawful discrimination by a healthcare or care provider if based on a protected characteristic:

  • Refusing to provide you with a service or take you on as a patient or client. 
  • Stopping providing you with a service. 
  • Giving you a service of worse quality, or on worse terms, than they would normally offer. 
  • Causing you harm or disadvantage. 
  • Behaving in a way which causes you distress or offends or intimidates you. 
  • Punishing you because you complain about discrimination or help someone else complain.

Unfair treatment is not considered unlawful unless it is based on one of the protected characteristics.

What is unfair treatment when receiving health or care services?

Some examples include:

  • You’re refused cancer treatment because of your age.
  • You can’t register with a GP because you’re a Gypsy or a Traveller.
  • You find it difficult to communicate with hospital staff because the hospital doesn’t provide sign language interpreters.
  • A private care home refuses to accept you because you’re gay.
  • A social worker is verbally abusive towards you because you’re trans.

How can I get help?

Terrence Higgins Trust receives many enquiries from people living with HIV who feel that they have been victims of discrimination. If you would like some advice on this, please contact THT Direct on 0808 802 122 or register for a chat through our Online Advice service. You can also contact us by email at: online.advice@tht.org.uk.

You can also contact the Equality Advisory Support Service (EASS) or the Advisory, Conciliation and Arbitration Service (ACAS).

 


The Information Standard: Certified member

This article was last reviewed on 25/9/2014 by C. Berry

Date due for the next review: 31/3/2015

Content Author: J. Font

Current Owner: D. Anyanwu

More information:

Citizens Advice, Advisernet - Showing you're disabled under the Equality Act

Citizens Advice, Advisernet - Overview of discrimination in health and care services

Citizens Advice, Advisernet - Discrimination at work - overview

http://www.adviceguide.org.uk/england/work_e/discrimination_at_work/taking_action_about_discrimination_at_work.htm