Sometimes a job offer is related to health or disability checks. An employer may then ask questions about your health. If your job offer is later withdrawn and you feel discriminated against, you can make a claim. If this is due to your disability, the Service or employer may need to make reasonable adjustments. This is when a department or employer makes changes to a department or job to make it easier for you. Mental health issues that could fall under the Equality Act include: If you don`t have a diagnosis, you`ll still need medical evidence to show that your disability significantly and long-term affects your ability to perform daily activities. I am receiving treatment that stops my symptoms that interfere with my daily life. Do I still have a disability? You may be taking medication or undergoing therapy to relieve your condition. You may have difficulty carrying out your daily activities without this medication or therapy. They can still be defined as disabled by law. For more information, see our NHS and Social Care Complaints Factsheet by clicking here. We have some examples of complaint letters on the back of the fact sheet that you may want to use. For more information, please visit our pages on discrimination against people with disabilities.
It can also be a disability if your addiction was originally caused by medical treatment or medically prescribed medications. It is not possible to provide an exhaustive list of all conditions or impairments that could be classified as disabilities. In most situations, it is better to look at how a person`s condition or impairment affects them, rather than the condition or impairment. ACAS provides employers and employees with free and impartial information and advice on labour relations and labour law, including the Equality Act 2010.Civil Legal AdviceIt is a state-funded agency that deals with legal aid. They can do a financial review to see if you qualify and refer you to lawyers who work in legal aid. For example, a person could suffer from major depression for several years due to menopause, which could affect their ability to work. This could be considered a disability within the meaning of the Discrimination Act. There are six main types of disability discrimination: If you have a visual impairment that can be cured by wearing glasses or contact lenses, you need to think about how your daily activities will affect when you wear them.
See more videos like this in the Equality Act: Discrimination Explained playlist on YouTube (opens in a new window). The Equality Act 2010 is the law that protects you from discrimination and gives you the right to challenge it. You are protected by the Equality Act if you have certain protected characteristics, such as a mental health problem. You must show that someone has treated you less favourably than someone in the same situation who does not have a disability. This person is a “comparator”. The Equality Act 2010 determines when a person is considered disabled and protected from discrimination on the basis of disability. You can learn more about the appropriate adjustments proposed for people with mental illness by clicking on the link below. It takes you to a document from the Ministry of Health entitled “Advice for employers on adapting the workplace to mental health conditions”: The full list can be found in the Equality (Disability) Regulations 2010 Equality Act 2010. This section explores what to do if someone has treated you unfairly because of your mental illness. It explains the Equality Act 2010 and how it may apply to you when you are at work, applying for a job or using services. The Equality Act applies in England, Scotland and Wales.
The Equality Act 2010 determines when a person is considered disabled and protected from discrimination. The definition covers a range of diseases and conditions – so check them even if you don`t think you`re disabled. For example, you could be insured if you have dyslexia, autism or chronic migraines. You are also covered by the Equality Act if you have had a disability in the past. For example, if you had a mental illness in the past that lasted more than 12 months, but you have now recovered, you are still protected from discrimination based on that disability. The regulation also states that if you tend to do any of the following, they will not be classified as a disability: People with these conditions and disabilities are automatically protected under the Disability Discrimination Act: dependence on alcohol, nicotine or any other substance is not a disability. This is the legal obligation that authorities such as councils, NHS hospitals and government departments must follow. This means they need to consider how their policies and practices affect people with protected traits, such as people with mental health issues. Unless their condition or impairment is automatically classified as a disability or they have a progressive condition, the Equality Act 2010 states that a person is considered disabled if both are true: However, if an organisation offers voluntary work to someone, this may be considered a service. If you have a contract that includes more than travel expenses and expenses, this could be considered a “service” and you could therefore fall under the Equality Act 2010. The word “disability” has a broad meaning under the Equality Act.
Even if you don`t call yourself “disabled” in everyday life, the law can still protect you. The Equality Act does not require you to have a diagnosis to be covered. It is said that if you have one, you have a disability: Roger suffers from severe depression. He takes antidepressants that make him tired and sometimes he arrives late at work. He explains it to his employer. His employer found this unacceptable and fired Roger. This could be discrimination based on Roger`s disability. Unless the employer can give good reasons for the discrimination.
The person you`re dealing with is unlikely to know you have a disability. This means they may not know that you might need appropriate adjustments. Please see our information on understanding the Equality Act: Information for students with disabilities Disability Rights UK`s Right to Participation website contains videos, animations, information and resources to help you find out more about the Equality Act and fight discrimination. It includes a selection of form letters that you can use to complain if you think you`ve been abused. A person has a disability if they have a physical or mental impairment that has a significant and long-term negative effect on their ability to perform normal daily activities. This is when someone behaves aggressively or intimidating towards you, or their behavior creates a hostile or offensive environment for you. If someone does this to you because of your disability, it is harassment. Some conditions are not disabilities within the meaning of the Equality Act 2010.
These include: Here, an employer or service provider treats you unfavorably because of something related to your disability. If you complain or take other action under the Equality Act and people abuse you, this is victimisation. The Equality Act protects persons who lodge a complaint of discrimination. You should not be discriminated against if you try to use your rights under the law. However, you automatically meet the definition of disability under the Equality Act 2010 from the day you are diagnosed with HIV infection, cancer or multiple sclerosis. John suffers from epilepsy, which causes him to convulse. This has a significant and negative impact on his ability to perform normal daily activities – for example, he can`t go out on his own because he may fall. A significant adverse effect is something that is more than minor or trivial and goes beyond the normal differences in abilities that may exist between people.
These are called “protected features.” On this page, we have focused on the theme of “disability”. Mental illness can be considered a disability. It is not necessary to have a specific mental health problem to be protected under the Equality Act. What you need to demonstrate is that your mental health problem is a disability. If your employer disagrees, you can pursue your claim, but they can always deny that you have a disability. If you decide to take legal action, they may question the basis of your case by saying that you do not meet the definition of a disability. This will protect you from being mistreated because something is related to your disability, such as having a service dog or needing free time for doctor`s appointments.