Discrimination can come in one of the following forms:
It can be lawful to have specific rules or arrangements in place, as long as they can be justified.
The duty to make reasonable adjustments is anticipatory in services. This means service providers should have considered common disability access needs and implemented solutions before any disabled person needs or asks for them.
Some examples of common reasonable adjustments that could and should be anticipated:
If you think you have been unfairly discriminated against you can:
Contact the Equality Advisory Support Service for help and advice
It is against the law for employers to discriminate against you because of a disability. The Equality Act 2010 protects you and covers areas including:
An employer must make ‘reasonable adjustments’ to avoid you being put at a disadvantage compared to non-disabled people in the workplace. For example, adjusting your working hours or providing you with a special piece of equipment to help you do the job.
An employer who is recruiting staff may make limited enquiries about your health or disability.
You can only be asked about your health or disability:
You may be asked whether you have a health condition or disability on an application form or in an interview. You need to think about whether the question is one that is allowed to be asked at that stage of recruitment.
You cannot be chosen for redundancy just because of a disability. The selection process for redundancy must be fair and balanced for all employees. Your employer cannot force you to retire if you become disabled.
Employees should talk to their employer first to try and sort out the problem informally. If things cannot be sorted out informally, talk to us here at Disability Peterborough, Acas, or a trade union representative.
You might be able to take a claim to an employment tribunal for discrimination.
Check if you can get legal aid to help with your legal costs if you think you have been discriminated against. You can get advice from Civil Legal Advice if you are eligible. Employers must follow the law on preventing discrimination at work.
It is against the law for schools or other education providers to treat disabled students unfavourably. This includes:
An education provider has a duty to make ‘reasonable adjustments’ to make sure disabled students are not discriminated against. These changes could include providing extra support and aids (such as specialist teachers or equipment).
Schools are not subject to the reasonable adjustment duty to make alterations to physical features, like adding ramps. They must make the buildings accessible for their disabled pupils as part of their overall planning duties.
All publicly funded pre-schools, nurseries, state schools and local authorities must try to identify and help assess children with special educational needs and disabilities (SEND).
If a child has an education, health and care (EHC) plan or a statement of special educational needs, these must be reviewed annually. From year 9 the child will get a full review to understand what support they will need to prepare them for adulthood.
All universities and higher education colleges should have a person in charge of disability issues who you can talk to about the support they offer. You can also ask local social services for an assessment to help with your day-to-day living needs.
If you are being questioned or interviewed at a police station you have certain rights depending on your impairment.
The police should arrange for an interpreter to be present with you. The police can interview you without an interpreter if a delay would result in harm to people, property or evidence.
The police should only interview someone who has a learning disability when a responsible person (referred to as an ‘appropriate adult’) is present. The appropriate adult should not work for the police and should have experience of people with learning disabilities. The police can interview you without an appropriate adult if a delay would result in harm to people, property or evidence.
If you are being kept in a police cell, you have the right to a medical examination by a healthcare worker. A healthcare worker may be a paramedic, nurse, or a police surgeon (sometimes referred to as a ‘Forensic Medical Examiner’).
If you do not want to be examined by the healthcare worker provided, you could be examined by a general practitioner (GP) that you choose (if they are available). You may have to pay for this.
Crimes committed against someone because of their disability should be reported to the police.
Hate crimes can include:
Telephone 999 if you are reporting a crime that is in progress or if someone is in immediate danger.
If the crime is not an emergency, you can Telephone 101, or contact your local police.
You have a right to use (or ‘access’) online public sector information and services. This means that public sector websites and mobile apps should be easy to use, including if you are using:
Organisations that are legally required to improve their website and app accessibility include:
Some non-government organisations, such as nurseries, are exempt.
The website or app might have accessibility problems if you cannot:
Public sector organisations should publish an accessibility statement on their website or application. The statement should tell you how:
If you report a problem to an organisation, they should tell you what action they will take and when. Organisations are allowed some time to fix a problem if it is difficult or costly.
You can contact The Equality Advisory Support Service if you: