5. DISCRIMINATION

The Equality Act 2010 (EA 10) prohibits discrimination on grounds of sex, gender reassignment, pregnancy and maternity, race, disability, religion or belief, sexual orientation, marriage and civil partnership, unequal pay and age.

Direct discrimination occurs where one worker is treated less favourably than another for a discriminatory reason. Indirect discrimination occurs where an employer applies the same provisions to all its workers but its effect discriminates against a certain group. Unlike most forms of direct discrimination, indirect discrimination can be objectively justified by the employer.

Definition of a disability — For the purposes of the EA 10 an individual has a disability if they have a physical or mental impairment that lasts or is expected to last for at least a year and that has a substantial adverse effect on their ability to carry out day-to-day activities.

Duty to make reasonable adjustments — An employer has a duty to make reasonable adjustments to a disabled person’s working conditions or their workplace to remove or mitigate against a substantial disadvantage the person faces because of their disability.

Although some of the cases in this section were decided on the basis of the law before the EA 10 came into force, they remain relevant.

For further information see Discrimination at work — a guide to the Equality Act 2010 www.lrdpublications.org.uk/publications.php?pub=BK&iss=1540