What is The Equality Act?

The Equality Act (2010) is a set of laws designed to protect people from discrimination and ensure that everyone is treated fairly. 

It sets out specific characteristics that protects people from any unfairness or discrimination relating to: 

• Age
• Disability
• Sex
• Gender reassignment
• Pregnancy and maternity
• Race
• Religion or belief
• Sexual orientation
• Marriage or civil partnership (employment only) 

It applies in England, Scotland and Wales, but not in Northern Ireland, which still uses the older Disability Discrimination Act. 

How do I know if I’m classed disabled under The Equality Act (2010)?

To be recognised as disabled under The Equality Act (2010) you need to have a long-term physical or mental condition that affects your day-to-day life. 

‘Long term’ means your condition has lasted for at least 12 months, is expected to continue for 12 months or more, or means you’re expected to live for less than 12 months. 

What types of discrimination does it cover?

There are different kinds of discrimination that are recognised under this law: 

• Direct discrimination: where a disabled person is treated unfairly or differently because of their condition, e.g. you’re not considered for a promotion alongside your colleagues because of your disability. 
• Indirect discrimination: when a decision is made that negatively impacts disabled people, e.g. your college doesn’t have an accessible entrance you can use to get to class.
• Harassment and victimisation: aggression or intimidation of a disabled person or being singled out for unfair treatment. For example, if someone says negative things about you because of your disability, or shouts abuse at you. 
• By association: discrimination linked to the fact that someone is linked with a disabled person. For example, if an employee is unfairly treated because they have a disabled child.

How can I use The Equality Act (2010) as a wheelchair user?

Under these laws, your school, college, university or employer, as well as those providing services, have to ensure that you have equal access and are not disadvantaged because of your disability. 

They must make reasonable adjustments to ensure you have the same opportunities as everyone else. This can include:

• Providing accessible entry and exit points to buildings
• Offering accessible toilets and disabled parking spaces
• Providing flexible working hours 
• Being flexible about return to work policies following illness
• Ensuring information is delivered to you in a format that works for you, including large print and Braille 

Unfortunately, there’s no legal definition of what makes an adjustment ‘reasonable’. It usually comes down to whether it’s effective in addressing the disadvantage you face, how easy and cost effective it is to implement and whether it affects the safety of others. 

If an organisation wants to show that the adjustment isn’t ‘reasonable’, they need to be able to show why. 

How do I complain if the law has been broken?

The law sets out the areas in which people with disabilities should be treated equally. This includes in education, at work, using public transport, buying goods and services, or things like buying or renting property. 

If you’ve been unfairly discriminated against in any of these situations you have some options. You can complain directly to the organisation, get third party support to complain (such as from a union representative if you work, or from your local authority case worker if you’re in education). You might even be able to make a claim in court or through a tribunal. 

You can’t use the Act against an individual who harasses you. You can report this to the police as a hate crime. It does cover individual harassment at work if you are employed.