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.