Transcription of Disability discrimination
1 July 2019. Disability discrimination A general guide on how you are protected from discrimination under the Equality Act and what your rights are. Applies to England and Wales. Contents Disability discrimination .. 1. Overview .. 3. Quick facts .. 3. Please 3. Terms you need to know .. 4. Equality Act 2010 .. 7. What is the Equality Act?.. 7. What areas of my life are protected under the Equality Act? .. 7. Is my mental health problem covered? .. 7. 8. What is a Disability ?.. 8. What if I'm getting medication or treatment for my mental health problem? .. 8. What if I had a Disability in the past? .. 9.
2 Is my mental health problem a Disability ? .. 9. What are the different types of discrimination ? .. 10. Direct discrimination .. 10. discrimination arising from Disability .. 11. Indirect discrimination .. 12. Harassment .. 12. Victimisation .. 12. Making reasonable adjustments .. 13. What is the public sector equality duty? .. 14. discrimination and human rights .. 15. Make a complaint .. 15. How can I challenge Disability discrimination ? .. 15. How can I get help paying my legal fees? .. 16. Useful contacts .. 17. Where can I get more support?.. 19. 2. Overview Sometimes people who have mental health problems are treated unfavourably because of their mental health condition.
3 This is called discrimination and, if you experience it, you may have a legal right to challenge it. Quick facts The Equality Act 2010 is the law that gives you the right to challenge discrimination . To get protection under the Equality Act, you have to show that your mental health problem is a Disability . ' Disability ' has a special meaning under the Act. The Equality Act protects you if you are discriminated against by: o employers o organisations that provide services ( shops or insurance companies). o organisations that provide public functions ( policing or benefits). o education providers ( universities and colleges).
4 O organisations that sell or manage property o private clubs and associations. Public authorities have an additional duty to eliminate discrimination and promote equality of opportunity, called the public sector equality duty. There are short timescales for taking a legal claim if you believe that someone has discriminated against you. If you can, try to get legal advice before starting a claim. Please note This guide covers Disability discrimination from the point of view of a person with a mental health problem. This guide applies to England and Wales. This guide contains general legal information, not legal advice.
5 We recommend you get advice from a specialist legal adviser or solicitor who will help you with your individual situation and needs. See Useful contacts for more information. The legal information in this guide does not apply to children unless specifically stated. 3. Terms you need to know Term Meaning Advisory Conciliation ACAS is an organisation that provides information, advice, training, and Arbitration conciliation and other services for employers and employees to help prevent Service (ACAS) or resolve workplace problems. ACAS offers a free Early Conciliation service. If you want to take a Disability discrimination challenge against your employer at the Employment Tribunal, you have to contact ACAS first and you need proof that you have done so before you can start a claim.
6 Advocate An advocate is a person who can both listen to you and speak for you in times of need. Having an advocate can be helpful in situations where you are finding it difficult to make your views known, or to make people listen to them and take them into account. Find out more on our advocacy information page. County court This is a court which deals with civil (non criminal) matters. There are fees for starting a claim in the county court. But if you have a low income, you may be able to pay a reduced amount, or none at all (called a fee remission'). Cases in the county court are in one of three tracks: small claims track is where the amount of compensation you are asking for is less than 10,000 and your case is not complicated fast track is where your case is more complicated but can be finished in a 1-day hearing multi-track is where the claim is complicated, and/or will take longer than a 1-day hearing, and/or is for a larger sum of money.
7 Fast track and multi-track cases are costly and if you do not win your case, you usually have to pay the other person's legal costs. Disability The Equality Act says that you have a Disability if you have an impairment that is either physical or mental and the impairment has a substantial, adverse and long-term effect on your normal daily activities. Disability This is when someone is treated worse because of their physical or mental discrimination health condition. The Equality Act explains: what a Disability is, and when worse treatment is discrimination You have to show that you have a Disability before you can challenge worse treatment as Disability discrimination .
8 discrimination There are many situations in which you may feel treated unfairly because of your Disability , but the Equality Act only covers these types of discrimination : direct discrimination discrimination arising from Disability indirect discrimination 4. harassment victimisation the duty to make reasonable adjustments Employment The Employment Tribunal decides disputes between employers and Tribunal employees about employment rights. An Employment Tribunal is like a court but not always so formal. Equality Act 2010 This is the law that explains: what behaviour counts as unlawful discrimination who has a right to challenge discrimination Judicial review This is a type of court procedure where a judge reviews a public authority's decision, policy, practice, act or failure to act, and decides whether it is lawful or not.
9 If it is not lawful, the court may cancel the decision or action ( quash' it), and require the public authority to reconsider it, lawfully. The court can order the authority to do or not do something. Justification It might be lawful for a person or organisation to treat you unfavourably if they can show that: there were valid intentions behind their action (such as ensuring the health and safety of others, or keeping up staff attendance so that their business can run properly), and that it was an appropriate action to take in the circumstance. Legally this is called a 'justification'. Whoever is deciding whether or not unfavourable treatment is justified needs to balance the needs of both sides carefully, which can be very complicated.
10 Occupational health The job of an occupational health professional is to assess you to find out: how your work impacts your health if you are fit for the work you do what adjustments may need to be made to support you at work Your employer can refer you to occupational health if you have a physical or mental health problem that is affecting your work or causing you to take time off sick, particularly if this is more than 2 or 3 weeks at once. If you disagree with their assessment, it is important to seek advice. Office of the This is the independent organisation that reviews individual complaints by Independent students against universities.
