Disability Law Service

Providing Access to the Law - National Registered Charity 280805

Accessing Advice

What is Discrimination?

The Equality Act 2010 (which incorporates the former Disability Discrimination Act – DDA) came into force in October 2010. The new Act was introduced to amalgamate and harmonise all the other strands of discrimination legislations under a single unified umbrella. The other strands of protected characteristics are: age, sex, race, sexual orientation, and religion or belief.

The legal definition of discrimination is when –

A person is treated less favourably than someone else and that the treatment is for a reason relating to the person’s protected characteristic (e.g. disability)

Definition of a Disabled Person - Section 6(1) of the Equality Act states:

“A person has a disability for the purposes of this Act if s/he has 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”.
           
Types of Disability Discrimination:

         Direct Disability Discrimination
         Discrimination arising in consequence of a person’s disability
         Indirect Disability Discrimination
         Failure to make reasonable adjustments
         Harassment
         Victimisation

If you are disabled or have had a disability, the Equality Act makes it unlawful for you to be discriminated against in:

Employment
        Access to goods, facilities and services
        The Management, buying or renting of land or property
        Education

And there is additional legislation, apart from the Equality Act that protects your rights of equal access to:
        Health and Social care entitlements

What you can do:

If you feel that you are being discriminated against there are a number of ways for you to clarify this by seeking further information from the person or organisation you feel is responsible for treating you unfairly. Use the form below for this.

This question and answer form has been designed to help the person making the complaint, and the person or organisation responding, to identify information which is relevant to the issue raised by the complainant.

This form provides a framework for individuals and organisations to ask and answer questions about matters relevant to claims under the Equality Act.

The form is voluntary for both parties. Guidance on the process of completing the form is also available from the download section below.

Equality and Prohibited Conduct Questionnaire

Equality and Prohibited Conduct Questionnaire Guidance

If you need further help please contact our adviceline.