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Disability Rights UK Factsheet F56

This Disability Rights UK factsheet has information about the Equality Act which came into force in October 2010. It is intended for disabled students and explains how education providers and employers have to make reasonable adjustments, provide support and make things accessible.

It is not a replacement for individual legal advice and organisations should also refer to the Equality and Human Rights Commission (EHRC) guidance available at www.equalityhumanrights.com/en/advice-and-guidance/equality-act-codes-practice

If you are from Northern Ireland, the Equality Act does not apply as education is instead covered by the Special Educational Needs and Disability Order (SENDO).  For more information on SENDO, please contact the Equality Commission for Northern Ireland.

1. What are equality and human rights

It’s important to know your rights and how the law protects you from discrimination as a disabled person. Education providers and employers have particular responsibilities.

Human rights

'Human rights' are the rights and freedoms that belong to every person in the world. These are based on principles such as dignity, fairness, equality, respect and autonomy. The 1998 Human Rights Act brought human rights into UK law. One of these is:

‘Everybody has the right to an effective education’

In 2009 the UK ratified the UN Convention on the rights of people with disabilities. This means that the UK government agreed that they would work to:

‘Ensure the education system at all levels is inclusive and geared towards supporting disabled people to achieve their full potential and participate equally in society’ 

Disability equality

Disability discrimination laws developed in the 1990s when it became more widely recognised that disabled people were facing discrimination. The Disability Discrimination Act (DDA) originally came in force in 1995 and it was significantly amended and extended over the following 15 years, gradually bringing more protection for disabled students.

The Equality Act took over from the DDA in 2010. As well as supporting the rights of disabled students by giving greater legal protection against discrimination, it emphasises the legal duty on education providers, employers and service providers to make reasonable adjustments so disabled people can take part in education, use services and work. 

2. Who is covered by the Equality Act?

The Equality Act came into force in October 2010, bringing together different laws that cover discrimination into one.

Under the Act, disabled people should be treated equally and protection from discrimination applies in many situations such as education, employment, exercise of public functions, goods, services, facilities and transport.

Disability Rights UK has an animation introducing the Equality Act on its Right to Participate website at http://righttoparticipate.org

Age

It's against the law to be treated unfairly at work because of your age. Some jobs require work experience, but you should generally be judged on your skills and expertise, rather than how many years you've worked. 

Race

Race refers to your colour, and/or nationality, and/or ethnic or national origin. Wherever you were born, wherever your parents came from, whatever your skin colour, you have the right to be treated equally. 

Sex

Jobs, training schemes and apprenticeships must be open equally to women and men. Pay and benefits must also be offered on the same basis. 

Sexual orientation

You shouldn't be disadvantaged because you're gay, lesbian, bisexual or straight. It's against the law for a college or employer to treat you unfairly because of your sexuality. 

Religion and belief

Your religion or belief shouldn't be used against you. 

Gender reassignment

You have the right to be treated equally if you change from one gender to another. 

Pregnancy and maternity

Pregnant women and women on maternity leave should not be singled out for redundancy or treated unfairly at work. 

Marriage and Civil Partnership

Employees who are married and those who are in a civil partnership must be treated the same. Although marriage and civil partnership is listed in the Act as a protected characteristic, it does not provide protection against discrimination because of marriage and civil partnerships in the further and higher institution provisions. 

You can read the complete factsheet here.