Disability discrimination: local authority

This item is part of Disability discrimination

Updating author: Susie Munro
Consultant editor: Laurie Anstis

Summary

  • The Green Book sets out agreed principles and guidance in respect of equality of opportunity and the elimination of discrimination. (See Green Book provisions)
  • Public authorities have a duty to eliminate discrimination, promote equality of opportunity and foster good relations. (See Public sector equality duty)
  • Authorities should be aware of the risk of discrimination when exercising discretion in relation to the reduction of sick pay. (See Sick pay)

Future developments

There are no future developments specific to local authorities.

Green Book provisions

The National Joint Council for Local Government Services - National Agreement on Pay and Conditions of Service (the Green Book) contains commitment provisions, advice and guidance on equalities. See Equal opportunities policies and monitoring: local authority > Green book provisions.

Public sector equality duty

The public sector equality duty covers the protected characteristic of disability, along with other protected characteristics. See Equal opportunities policies and monitoring: local authority > Public sector equality duty.

Sick pay

The National Conditions of Service for staff employed in local government, including those covered by the National Joint Council for Local Government Services - National Agreement on Pay and Conditions of Service (the Green Book) and the Conditions of Service for School Teachers in England and Wales (the Burgundy Book), provide that, after a period of sickness absence on full pay, employees who remain off sick will reduce to half and eventually no pay. Authorities do, however, have discretion to amend these provisions in individual cases.

In considering whether or not to exercise such discretion authorities should be aware of the Court of Appeal's decision in Nottinghamshire County Council v Meikle [2004] IRLR 703 CA, which supported a claim by Mrs Meikle that the act of reducing her to half pay was discriminatory under the (now repealed) Disability Discrimination Act 1995. For further details see Sick pay and the disability discrimination provisions of the Equality Act 2010.

Key references

Legislation

Equality Act 2010
The Equality Act 2010 (Specific Duties) Regulations 2011 (SI 2011/2260)
The Equality Act 2010 (Statutory Duties) (Wales) Regulations 2011 (SI 2011/1064)
The Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012 (SI 2012/162)

Guidance

National Joint Council for Local Government Services - National Agreement on Pay and Conditions of Service (the Green Book)