The Equality Act 2010 [1] is a single piece of legislation in which people, with protected characteristics, are protected from discrimination with respect to employment and access to goods, facilities and services. The
The Equality Act 2010 [1] defines a disabled person as ‘someone who 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’. It is important to note that not all disabilities are visible; disabilities include sight impairments, hearing impairments, physical/mobility impairments, mental health conditions, learning difficulties and some medical conditions (e.g. diabetes, multiple sclerosis).
Disability is one of the 9 protected characteristics defined the Equality Act 2010 [1]. This topic will focus on disability discrimination.
There are 6 types of disability discrimination:
- Direct discrimination: treating someone with a disability less favourably than others
- Indirect discrimination: when a rule, policy or practice that applies to everyone particularly disadvantages a disabled person compared to a non-disabled person
- Failure to make reasonable adjustments: employers and organisations have a duty to make sure disabled people can access jobs, education and services as easily as non-disabled people
- Discrimination arising from disability: where discrimination is ‘connected with’ a disability rather than because of the disability itself e.g. having an assistance dog
- Harassment: where unwanted behaviour related to a disability makes a disabled person feel humiliated, offended or degraded
- Victimisation: when a person is treated badly because they have made a complaint of discrimination
The Government Equalities Office has produced a disability: quick start guide [2] for service providers, outlining how organisations act to address disability discrimination. Equality Act 2010 [1] legislation applies to all service providers.
The Equality and Human Rights Commission (EHRC) has developed guidance on key provisions for employers, workers, service providers and service users of the Equality Act 2010 in general.
As service providers, dental practices are required to comply with the legislation and must make reasonable adjustments to ensure that disabled people or people associated with a disabled person are not prevented from using their services (see General requirements for compliance and What are ‘Reasonable’ Adjustments?).