Equality Act 2010

The EA 10 prohibits discrimination because of one or more of the following protected characteristics: age; disability; gender reassignment; marriage and civil partnership; pregnancy and maternity; race; religion or belief; sex and sexual orientation. In Northern Ireland, there are also separate laws to protect people from discrimination due to political belief.

Under the EA 10, there are two main types of discrimination — direct and indirect. Disabled workers have two extra protections. These are:

• the employer’s duty to make reasonable adjustments (section 20, EA 10); and

• the employer’s duty not to engage in unfavourable treatment because of something “arising in consequence” of their disability, unless that unfavourable treatment can be objectively justified (section 15, EA 10).

In both cases, the employer will have a defence if they did not know (and could not be expected to know) about the disability.