EXPERT WITNESS: Discrimination arising from disability

The application of section 15 of the Equality Act 2010 

Summary:

Section 15 of the Equality Act 2010 is increasingly used in claims for disability discrimination. It makes it unlawful for an employer to treat a disabled person unfavourably because of something arising from, or in consequence of, the person’s disability. Diana Kloss explains.

The Equality Act 2010 (EqA) defines several kinds of activity that may amount to unlawful discrimination against someone with a protected characteristic, of which disability is one of the nine. This article concentrates on an alleged act of discrimination against a worker by an employer.

Types of discrimination
Direct discrimination (EqA s.13) is treating a worker less favourably, just because of a protected characteristic, than an employer treats or would treat others without that characteristic. It is difficult to justify direct discrimination and there are only a few exceptions where this is possible…

 

Prof Diana Kloss is a barrister, former part-time employment judge, Acas arbitrator and author

Author: Kloss D

Tags discrimination Equality Act 2010

Occupational Health at Work June/July 2024 (vol. 21/1) pp32-34

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