Promoting equality for disabled workers - a guide for trade union reps (November 2013)

Chapter 1

Who is protected by the Equality Act 2010?

The EA 2010 prohibits discrimination against the following workers who may have disabilities:

• all employees, job applicants and former employees;

• contract workers, sub-contract workers, temps, casual workers, apprentices, people on vocational training or work experience;

• police officers;

• partners;

• barristers; and

• office holders.

“Employment” is defined in section 82(2) (a) of the EA 10 as “employment under a contract of employment, a contract of apprenticeship or a contract personally to do work.”

To be protected, a worker must be contracted to perform work personally. Agency workers can claim if they suffer acts of discrimination by the agency or the end user/hirer. This was established in London Borough of Camden v Pegg ([2012] UKEAT/0590/11/1304.


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