We are in the process of preparing new factsheets and materials to explain the new Equality Act 2010. These will provide information on the new rights, for example discrimination by association and perception, dual discrimination and indirect discrimination.
For current information on the Equality Act 2010, including online and downloadable copies of the full Act, please refer to the Government Equalities Office website.
The Equality and Human Rights Commission is currently working on new Codes of Practice and Guidance and will publish these before Autumn 2010.
About the DDA
The Disability Discrimination Act is legislation which aims to stop discrimination against disabled people. The DDA covers different sorts of situations; for example, employment, goods, services and facilities, transport, education and premises.
Who the Act applies to
The Act applies to anyone providing, for payment or free of charge, a good, service or facility direct to the public. For example: shops, supermarkets, launderettes, travel agents, banks, central and local government.
Also covered by the legislation are:
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public authorities when carrying out public functions (for example, the police, when arresting someone)
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anyone letting, selling or managing premises. This includes landlords and estate agents, and common hold associations
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private clubs which have 25 or more members
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anything that happens on buses, coaches, trains, taxis, when renting vehicles or using breakdown recovery services.
Employers
Since October 2004, the employment parts of the Act, covering both recruitment and people in work, apply to all employers and to most types of occupation other than the armed forces. The employment parts of the Act also cover trade unions, qualification bodies, and local government councillors.
Education providers
The education parts of the Act, which were added by the Special Educational Needs and Disability Act 2001, apply to providers of both pre-16 and post-16 education.
There are specific provisions applying to qualification bodies which award vocational qualifications (these are dealt with under the employment provisions), and general qualification bodies (for instance those awarding GCSEs) from September 2007.
What the Act covers
The legislation covers blind and partially sighted people but it does not stop all types of discrimination.
Discrimination will only be unlawful if:
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the treatment falls within what is prohibited (for example, a refusal of service)
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it amounts to discrimination which can't be justified (where justification is permitted)
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it would be reasonable for adjustments to be made.
The term 'reasonable' is used in different parts of the Act but it is not defined and there is bound to be much argument about what it means. Ultimately it may take a court or tribunal to decide in each case.
Scotland, Northern Ireland and Wales
The provisions relating to employment and goods and services apply in all the above countries. Separate but similar provisions apply in relation to education, public authority functions, councillors, use of transport vehicles and reasonable adjustments in relation to housing, in Northern Ireland.
What to do if you feel you have been discriminated against
By an employer (or prospective employer), trade organisation or qualifications body
You can go to an employment tribunal. This must be done within three months of the act of discrimination (other than in exceptional circumstances)
By someone providing goods, facilities, services or premises, a public authority function, a specified transport vehicle or a private club
You can take the case to the civil courts, within six months of the act of discrimination. If you succeed in your claim, you may get an injunction to make sure that what you are complaining about does not happen again (or to make, for example, the service provider do something) and you can also claim compensation for injury to feelings as well as receiving an order from the court stating that you have been discriminated against.
The conciliation / advice services:
(for goods, facilities, services and premises cases, transport vehicle cases, private clubs and public authority functions) can give assistance in resolving disputes before they go to court. In Northern Ireland, the relevant bodies would be:
If you think you have been discriminated against contact a relevant disability organisation (such as RNIB), Citizens Advice Bureau, or law centre.
By an education provider
If a complaint relates to pre-16 education, it will be brought to the Special Educational Needs and Disability Tribunal (SENDIST), or the Appeals Panel, or the Independent Appeals Panel for Exclusions, depending upon the nature of the discrimination complained of. In Scotland, claims must be brought to the sheriff's court. If it relates to post-16 education in England and Wales, it will be brought to the county court. The EHRC / NIEC also provides a conciliation service for these claims.
Useful links
EHRC Codes of practice