Disability discrimination

Updating author: Tina McKevitt

Summary

6.318

• The law relating to disability discrimination is governed by the Equality Act 2010. The core provisions of the Act, which repealed the Disability Discrimination Act 1995, came into force on 1 October 2010. While the Equality Act 2010 largely consolidated previous discrimination legislation, it also: extended the definition of direct discrimination to cover less favourable treatment because of an incorrect belief that someone has the protected characteristic of disability; extended the concept of indirect discrimination to disability; introduced the concept of discrimination arising from disability; and removed the requirement for a comparator to establish victimisation. It is assumed that many of the principles that were established in the extensive body of case law that was decided under previous discrimination legislation will remain relevant in interpreting the provisions of the Equality Act 2010. For this reason such cases have been included in the body of this section together with an indication of the legislation under which they were decided. 
• Under the transitional provisions, claims in respect of conduct that began before 1 October 2010 and continued beyond that date will be enforced under the Equality Act 2010. Conduct that occurred wholly before 1 October 2010 will continue to be dealt with under the Disability Discrimination Act 1995. Employees who are victimised because they carried out a protected act under the Disability Discrimination Act 1995 will be able to make a victimisation claim under the Equality Act 2010. (See 6.320 Transitional provisions)
• Disability is a "protected characteristic" under the Equality Act 2010.