Protection from Discrimination

Protection from Discrimination

The Equality Act 2010 (“the Act”) gives everyone the right to be protected from discrimination because they have or are perceived to have any 'protected characteristics'.  

Employers have a 'duty of care' to their employees.  This means taking all reasonable steps to keep staff safe from mental and physical harm.  

However, employees also have a 'duty of care' to look after their own health, safety and wellbeing.

Outlined below are a few key terms that are worth getting familiar with.

 

Disability

A person has a disability if he or she has a physical or mental impairment that has a substantial adverse effect on their ability to carry out normal day to day activities.  This usually means the physical or mental health problem lasts (or lasted) more than a year.  There does not need to be a diagnosed condition.  NB  It is about how normal day to day activities are affected.  These may be different from work activities.

Disclosure

An applicant or employee is not obliged to disclose if they have a mental health problem or disability.  However, if offered a job, they should answer health questions honestly.  Any answers provided should not be used to discriminate.  Disclosure of problems is one way of ensuring that reasonable adjustments can be considered and made at an early stage, with the involvement of the employee.

Discrimination

Discrimination is the treatment of individuals or groups in a way that results in disadvantage.  The Equality Act protects people against discrimination, harassment or victimisation because of their protected characteristics including disability.  

Discrimination can be:

Direct - treating someone with a protected characteristic less favourably than others

Indirect - putting rules or arrangements in place that apply to everyone, but that put someone with a protected characteristic at an unfair disadvantage.

Failing to make reasonable adjustments for a disabled person may also be unlawful discrimination. 

 

Equality

Equality is about ensuring different people's needs are taken into account so they are not discriminated against, and are treated fairly and equitably.  This should result in people being able to get involved and to achieve on a fair basis. 

Prejudice

Prejudice can be conscious or unconscious.  It is having beliefs or attitudes about people or groups that is based on lack of information, misinformation or stereotypes eg. believing that all members of a particular group will hold the same views or behave in the same way or thinking that people with mental health problems will take more time off work.  If someone takes actions based on their own prejudice (bias), this can result in discrimination which may be unlawful.  

Protected Characteristics

Protected characteristics are the characteristics that people are protected from discrimination in the Equality Act.  They are: age, disability, sex, gender reassignment, race, religion or belief, sexual orientation, marriage and civil partnership, pregnancy and maternity.  Mental health falls under the category of disability.

Reasonable Adjustment

'Reasonable adjustments' are reasonable steps to remove disadvantage fro a mentally or physically disabled person.  This could include flexible working, adjustments to physical features of the workplace e.g. providing a quiet space or providing auxiliary aids such as a mentor or job coach.  'Reasonable' means steps should be proportionate so what is reasonable for one employer may not be reasonable for a different employer because of scale or resources.  Costs of making adjustments must not be passed on to the employee.

Stigma

Stigma is when people are categorised or labelled as being different in some way, perhaps because of lack of knowledge or prejudice e.g. because of mental health problems, being thought of as 'undesirable' in some way, and being treated more negatively because of this. Calling people names or avoiding them at work is stigmatising.  The right thing to do is to make sure they are okay.  

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