Where Do We Stand Legally? Equality Act and Disability Discrimination

A new Equality Act came into force in October 2010, streamlining existing legislation – mainly the Disability Discrimination Act (DDA), the Race Relations Act, and the Sex Discrimination Act.

Under the Equality Act a person is considered disabled if “they have a physical or mental impairment which has a substantial and long term adverse effect on their ability to carry out normal day-to-day activities”.

This can mean that someone with a mental health problem could be considered disabled under the terms of the Act, so employers need to be aware of disability discrimination laws.

What are your obligations?

The law is complicated so we haven’t attempted to distill it here. The following documents give good legal advice about your rights and responsibilities under the new Equality Act.

• Read Mind’s legal briefing on disability discrimination under the Equality Act 2010.
• ACAS has published a document outlining what’s new for employers under the 2010 Equality Act.
• The Centre for Mental Health does a lot of work around employment issues and has extensive resources for employers
• Online Guidance for Employers about rights and responsibilites under the Equality Act from the EHRC.

When long-term sickness means dismissal

This article from the Personnel Today website addresses the legal implications for employers and occupational health of long-term absence. It provides two case examples and covers the legal and best practice aspects of dismissal due to long-term absence.

Legal obligations of long-term sickness

This Health and Safety Executive site outlines an employer’s responsibilities to workers who are off sick.  

Helping people return to work

For information supporting a return to work after long-term sickness this report by the Chartered Institute of Personnel and Development might help.