equality act 2010
📖 O que é equality act 2010? Significado e conceito
The Equality Act 2010 is a significant piece of legislation in the UK that aims to prevent unfair treatment and promote a fairer society. In the context of employment, it means that employers must not discriminate against employees or job applicants based on certain characteristics. These protected characteristics include disability, as seen in cases where tribunals assess whether a claimant meets the definition of a disabled person under section 6 of the Act, or whether discrimination arising from disability (section 15) or harassment (section 26) has occurred.
When a claim is brought under the Equality Act 2010, such as for discrimination or harassment, an Employment Tribunal will examine the specific sections of the Act relevant to the complaint. For instance, a tribunal might consider whether an employer subjected a claimant to discrimination arising from their disability under section 15, or if harassment took place contrary to section 26. The tribunal will review evidence, including witness testimonies and documents, to determine if the legal requirements of the relevant sections of the Act have been met.
The Act also sets out definitions, such as what constitutes a 'disabled person' under section 6. If a claimant does not meet this definition, their claim of disability discrimination under the Act may not succeed. The process often involves case management hearings where issues are identified, and parties are ordered to provide further information or evidence, such as medical evidence or a disability impact statement, to support their claims under the Equality Act 2010.
📋 Requisitos
- The claimant must be a 'disabled person' as defined by section 6 of the Equality Act 2010 for disability-related claims.
- The alleged discriminatory act must fall under a specific section of the Act, such as section 15 for discrimination arising from disability or section 26 for harassment.
- Evidence must be provided to support the claim, which may include medical evidence or a disability impact statement.
- The claim must be presented to the Employment Tribunal following Acas conciliation.
📝 Procedimento
- A claim is presented to the Employment Tribunal, often after Acas conciliation.
- A case management hearing is held to identify the list of issues.
- The tribunal may order the claimant to provide further information, such as medical evidence or a disability impact statement, regarding complaints under sections of the Equality Act 2010.
- Witnesses provide testimony and an agreed bundle of documents is reviewed.
- The Employment Tribunal issues a judgment based on the evidence and legal arguments.
💡 Exemplos
- An Employment Tribunal determined that a claimant was not a disabled person as defined by section 6 of the Equality Act 2010 due to PTSD and Photosensitivity, leading to the dismissal of their disability discrimination claim.
- A respondent was found not to have subjected a claimant to discrimination arising from her disability pursuant to section 15 Equality Act 2010, nor to have harassed her contrary to section 26.
- A claimant was ordered to provide further information regarding her complaints under sections 15 and 26 of the Equality Act 2010, along with medical evidence and a disability impact statement.
- A tribunal considered whether an employer's actions constituted harassment against an employee, contrary to section 26 of the Equality Act 2010.
📚 Base legal
- Equality Act 2010
❓ Perguntas frequentes
What does 'disabled person' mean under the Equality Act 2010?
Under section 6 of the Equality Act 2010, a 'disabled person' is defined as someone who has a physical or mental impairment that has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities. The Employment Tribunal assesses whether a claimant meets this specific legal definition.
What is 'discrimination arising from disability' under the Act?
Section 15 of the Equality Act 2010 deals with 'discrimination arising from disability'. This occurs when an employer treats a disabled person unfavourably because of something arising in consequence of their disability, and the employer cannot show that the treatment is a proportionate means of achieving a legitimate aim.
What is 'harassment' according to the Equality Act 2010?
Section 26 of the Equality Act 2010 defines harassment as unwanted conduct related to a protected characteristic that has the purpose or effect of violating a person's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them.
Do I need to go through Acas conciliation before making a claim under the Equality Act 2010?
Yes, based on the case excerpts, claims to the Employment Tribunal, including those under the Equality Act 2010, typically follow Acas conciliation. This is a process where Acas (Advisory, Conciliation and Arbitration Service) tries to help resolve disputes without the need for a tribunal hearing.
What kind of evidence is important for an Equality Act claim?
For claims under the Equality Act 2010, particularly those involving disability, important evidence can include medical reports, a disability impact statement explaining how your condition affects you, and any communications or documents related to the alleged discriminatory acts. The tribunal will consider all evidence presented.
What happens if I don't comply with tribunal orders for an Equality Act claim?
Failure to comply with Employment Tribunal orders, such as providing further information or medical evidence by a deadline, can have serious consequences. As seen in the cases, this can lead to the respondent applying for an 'Unless Order' or potentially impact the progression or outcome of your claim.