The New Equality Act 2010

Within the UK there is specific legislation on equality that outlaws discrimination and provides the mechanisms for individuals to address issues through the courts when they experience unlawful discrimination. At the present time, the legislation focuses on specific areas of equality and as such there are a number of different Acts in place i.e. The Race Relations Act 1976, The Sex Discrimination Act 1975 and, of course, Disability Discrimination Act 1995. However, during this year changes will take place that will result in all the equality strands being dealt with under one new Act – The Equality Act 2010.

This fundamental change will mean that existing legislation will no longer apply. Many people seem to be unaware of the changes and the impact it will have. Most people have a generalised understanding of The Race Relations Act 1976 or The Sex Discrimination Act 1975 but very few understand the intricate measures that are addressed by the lesser known Acts such as The Disability Discrimination Act 1995 or Employment Equality (Age) Regulations 2006. It may be that these lesser known Acts lose some of their identity when encompassed within the new Equality Act and we need to ensure that this is not the case.

The Equality Act itself was passed through Parliament on 6th April 2010 and received Royal Assent on 8th April 2010. The time line for introduction of the Equality Act 2010 is as follows:

October 2010: the main provisions of the Equality Act will become law and the DDA will no longer have the force of law.

April 2011: the integrated public sector Equality Duty, the Socio-economic Duty and dual discrimination protection apply.

2012: the ban on age discrimination in provision of goods, facilities, services and public functions applies.

2013: the private and voluntary sector gender pay transparency regulations (if required) and political parties publishing diversity data applies.

In the meantime, the Disability Discrimination Act 1995 (DDA) and other existing legislation still effectively applies until October 2010. Don’t let ignorance be an excuse – take a little time to find out how the changes to the existing legislation will impact on every aspect of life within the UK.

Should you wish to find out more about the new Equality Act 2010 feel free to contact Oisin@dpconsulting.org.uk who will be happy to provide details of workshops currently being run to enhance your understanding of the Equality Act and its application.

Understanding Disability - Physical Impairment

A physical impairment is the most visible of all disabled people and it is for this reason that people with a physical impairment often suffer from the most obvious discrimination.

A physical impairment can be defined as any condition which limits the physical function of limbs or fine or gross motor ability. Partial or total paralysis, stroke, cerebral palsy, muscular dystrophy, multiple sclerosis, arthritis, amputation are just some examples of physical impairments.

It is not necessary to discuss with a person the cause of their impairment but it useful to be aware of the barriers that people may experience. For example, people may have: tremor or shaking; weakness; pain; reduced control of limbs; inability to sit upright or short or missing limbs.

Physically impaired people may use mobility aids such as wheelchairs or crutches. They may have assistance from other people in daily life and may use a range of assistive devices to control the environment, to manipulate objects or carry out tasks.

Misconception: People with a physical impairment are brave and courageous.
Truth: Adjusting to a physical impairment requires adapting to a lifestyle, not bravery and courage. Going to university, having a family, participating in sporting events and working in a job are normal not heroic activities for people with physical impairments just as they are for non-disabled people.

Misconception: People with physical impairments have lower IQs or cannot be educated.
Truth: People with physical impairments have a full range of IQs and academic abilities. The degree of the physical impairment has no bearing on a person’s mental capacity.

Misconception: People who use wheelchairs can’t get around
Truth: It may well be a fact that some people using wheelchairs cannot walk but others can. Many people who use wheelchairs do so because they tire easily or because their strength is limited and using a wheelchair makes it possible for them to travel longer distances, or to be ‘out and about’ for longer periods of time.

Misconception: People with a physical impairment always need help.
Truth: Many people with physical impairments are independent and do not always require assistance. And while anyone may offer assistance, most people with physical impairments prefer to be responsible for themselves.
There are many obvious things that society can implement to increase access for people with a physical impairment such as ramps, accessible transport links etc but it is often the hidden barriers that get forgotten.

Let’s think about this logically a ramp is of little use if the doorway is too narrow or if once inside, the area is not accessible i.e. no turning space for wheelchair users etc. An access requirement for a person with a physical impairment may be as simple as providing a comfortable chair or a wrist support for computer use.

As with all disability issues, it is best to ask the individual what access requirement they have – they know better than anyone else what is best suited to their needs.

Disabled People’s Voice Becomes No More Than A Whisper – The Danger of The Equality Bill

The Government has published a single Equality Bill for the UK. If passed, this will bring disability, gender, race and other strands of discrimination within one piece of legislation. The proposals for the Bill also include some major changes to disability discrimination law but not necessarily for the better.

For many disabled people, the Equality Bill is oppressive and demeaning to disabled people. Our voice is lost in the confused and incoherent message caused by the integration of equality under one heading. What the Equality Bill fails to recognise is that whilst the strands of equality have a common aim, they are all very different and require many different approaches. The understanding of discrimination on the grounds of race or gender is far more known in the public domain than that of disability and under the Equality Bill, we have a real danger of the disabled people’s voice becoming little more than a whisper.

It has taken many campaigners many years to get where we are today with disability discrimination and changes have been slow to come. I, like many, doubt that I will see true equality for disabled people in my lifetime but I am determined to do all that I can to raise inclusion for all. The UK was very much forced to bring in the DDA but it has its limitations i.e. a requirement to make buildings accessible, but there was a more than liberal get-out clause and even more liberal lead-in times which allowed business managers to skirt around the issues. There has been little decisive action taken against offenders and we are still in a position whereby large areas of goods and services are unavailable to disabled people - some by direct discrimination i.e. non-accessible buildings and others by indirect discrimination such as no dropped kerbs etc.

The proposed Equality Bill attempts to level the playing field for all inequalities but somewhat leads to inconsistencies and there are ‘priority battles’ that have not been properly ironed out. The Equality Bill fails to address the many areas that disability reform requires and in doing so can only push back disabled equality rather than move it forward.

Why Businesses Need to Understand the Disability Discrimination Act

One of the main services my company offers is that of “Access Auditing” for all manners of organisations be them small, medium, large or public/private sector and it always amazes me just how little many businesses know about the Disability Discrimination Act and their requirements. It is somewhat worrying that many do not understand that they do have a duty under this Act and that they are often placing themselves in a position where they could face legal action.

So what should all businesses know about the Disability Discrimination Act............

Firstly, all businesses must wake up and realise that they need to know about the Disability Discrimination Act and that ignorance could mean they face a legal action for misconduct in the future.

From the personnel stance, the main thing to consider is that any business with less than 15 employees must not and cannot refuse employment to someone due to disability. It is a requirement that all reasonable adjustments are made to your business premises and business practice to ensure that it is accessible to all.

From the customer stance, making your business accessible can only be good. Recent research by the Equality & Human Rights Commission found that whilst 1 in every 10 businesses would prefer not to alter their premises to make them suitable, 8 in every 10 believed that by doing so they would have a positive impact on their business. Figures also show that the spending power of disabled people is estimated to be around £80 billion per year (Source DWP). Can you, as a business, afford to discriminate against potential customers?

As a business, the best and most effective action to take is to conduct an Access Audit by a qualified Auditor. This will result in a full report that will highlight what barriers exist and what action needs to be taken.

Concerns about adjustments are usually founded on misconceptions – the main one being that implementation of adjustments will cost a lot of money. However, this is rarely the case and simple and effective changes can be made at little or no cost at all. An effective Auditor will take into account your business annual turnover and all recommendations will take into account what will be deemed reasonable for you and your business.

As an idea, adjustments can be made simply by:-

1. Removing barriers i.e. removing an unnecessary step etc

2. Alternatives to existing i.e. adding a ramp, providing clearer signage etc

3. Avoid a potential barrier i.e. a simple change to the internal premises

4. Provision through other means i.e. larger print, web accessibility etc

There are very few exceptions to the Disability Discrimination Act and you are required to make reasonable adjustments even if your business has no disabled employees or customers. Whilst some buildings may have restrictions on alterations i.e. listed buildings, they are not completely exempt and solutions are expected to be found.

Like many, you could choose to ignore the Disability Discrimination Act but the consequences are far reaching as the Act makes it unlawful to treat a disabled person less favourably and DDA claims are on the increase and figures show that last year an average of over £33,000 was awarded (Source: Employment Tribunal Services).

Can your business afford to do nothing?

Event - Railtex 2009

I attended the Railtex 2009 conference held on Tuesday 9th March 2009 at Earls Court Two.

Although the basic access was acceptable, I must point out to you that I feel strongly that I was discriminated against on the grounds of my disability. As a wheelchair user, I had a very difficult and troubling experience when I went to purchase and consume my lunch at lunchtime.

Firstly, my colleague and I walked around the whole exhibition hall (taking approximately half-an-hour) and noticed that the vending counters were all on the ground floor together with very limited seating(for between 5 and 10 people). All the counters had signs pointing towards a stairway stating that additional seating was available upstairs. On further investigation i.e. walking around the exhibition hall again and asking a number of staff at various vending counters where the lifts were, I received a negative response. I went on to ask a further six venue staff who like the vending staff, did not know the location of an appropriate lift. The outcome of this situation resulted in me being unable to have lunch and drew a very poor picture on Earls Court which is meant to be one the world’s leading exhibition centres. This is a clear issue where disability equality training and access auditing are needed. Although I am not legally qualified, this would appear to be a violation of Part III of the Disability Discrimination Act 1995 which makes it clear that reasonable steps (including physical alterations) should be made to enable disabled people to access goods and services to the same standards as any other person.

Taking into account the numbers of people attending events within Earls Court and bearing in mind the minimal amount of resource needed to rectify this situation, I can see no obvious reason why these access works have not been implemented.

I have written to both Earls Court and to the Railtex organisers, asking for an urgent reply.

Watch this space!

Profit Over Profitability

Some time ago a colleague of mine was in a Tesco Express situated at an Esso Garage. Whilst waiting to pay, she witnessed a customer struggling with the chip and pin machine because it was secured to the base with a cable tie and could not be removed. The gentleman became quite frustrated and yet the staff did nothing to assist. Eventually, he said he would pay by cash.

When my colleague’s turn came, she pointed out to the cashier that she was somewhat shocked by this incident and that it may be deemed unreasonable under the Disability Discrimanation Act 1995.

When discussing this incident with me, her reaction was one of disbelief. Firstly, the cashier appeared to have no idea what the DDA was and therefore expressed the belief that it didn’t matter as most people would not find it an issue. She pointed out that this was not what was important but the paramount concern should have been that this may be a barrier to disabled customers. Upon asking to speak to the Manager, she was told he was unavailable and it became clear that the cashier did not think her concern was warranted.

Over the following weeks, she regularly used the same Tesco Express and on every occasion asked to speak to the Manager who always appeared to be unavailable.

At the week-end, she again saw another customer struggling with the equipment whilst the cashiers looked on unconcerned.

Deciding she had had enough, my colleague was determined to speak to the Manager to make him aware of this unreasonable barrier. After a wait, the Manager was located and she presented her concerns to him.

The Manager listened patiently and responded that they had experienced a number of thefts of the machines and therefore the need to secure the chip and pin machines in this manner was necessary and they could not keep wasting profits on replacing them. Pointing out that these were a barrier to disabled customers particularly those with a visual impairment, my colleague was shocked to hear him say that there were not enough customers with issues to be a worry. He also stated that if the customer told the cashier that they had an impairment the cable tie could be cut so that they could use them.

What...... Are you as shocked as I am?

There are many issues surrounding this on-going issue that cause concern, so lets look at them all individually:-

1. The original cashier did not know what the DDA was and therefore could see
no reason why he should even consider the access needs of disabled customers.
This attitude must surely show that providing Disability Equality Training is
clearly not being implemented within the store’s training programme and should
be addressed immediately.

2. If the Manager of any service provider has scant concern for access needs than
this will be reflected through the whole organisation. Managers must set the
correct tone and implementation to ensure that their staff have a strong role
model and the necessary guidelines in place.

3. The Manager clearly puts the profit of his store before his access
requirements and did not see the need to change as, in his opinion, it
affected so few of his customers. Under the DDA, the number of customers
affected is irrelevant. A service provider must provide their service in such
a manner that no customer is treated less favourably than others.

4. The statement that any customer experiencing a problem should make the cashier
aware of their disability or impairment is, in itself, outrageous. The Social
Model of Disability determines that any disability or impairment is personal
to the individual and is not a matter for idle chit-chat or gossip. As such, a
disabled person should never be put in a position whereby they have to
discuss their disability or impairment unless they wish to.

At the end of her discussion with the Manager, my colleague felt that he had no real incentive to deal with the matter. She pointed out to him that he could be heading towards a claim under the DDA and yet still he seemed unconcerned. Asking if he had even considered other options, he stated that he did not feel he had to.

In total disbelief, she left the matter but she informed him that she would take the matter further by contacting his head office. His response was purely to do that if she felt it necessary.

This level of dismissal of the DDA is shocking but not uncommon. For many, making access changes are second to profits and therefore something that can be pushed to the sidelines – an out of sight, out of mind attitude is still prevalent along our high streets and until strong action is taken, like that against the Royal Bank of Scotland, many will continue to dismiss the need for change.

hotel refusal continued

I was incredibly disgusted with the hotel’s mistake on Saturday 4th October 2008.

I had previously booked a twin accessible room and a twin connecting room staying at the Radisson, Birmingham. On Saturday, my Personal Assistant arrived at the hotel at approximately 12.00 noon to leave our bags there and I was horrified that there was no mention of the Hotel’s mistake then.

We went out for the day and returned at approximately 9.00pm in order to check-in. We were told that the Hotel had been double-booked and as it was the Radisson’s mistake. they had arranged for us to stay in similar rooms with similar facilities and same star category at the City Inn, Birmingham. We were told that a taxi had been ordered on account and would arrive to take us to the City Inn.

The taxi did arrive and we were taken to the City Inn, at which point, the driver insisted on payment and would not accept that this had been paid on account. This issue was resolved when I checked out as the taxi fare was deducted from my hotel bill.

The rooms were not twin bedded nor connecting which I found particularly disturbing as I had to share a bed with my Personal Assistant (and his snoring).

Secondly, this contravenes the DDA, which I did point out to the Radisson in my original booking – therefore, surely under the DDA the second room should have been free of charge. This matter has made me incredibly angry indeed and this is the reason why the DDA exists in order to preserve the rights of the disabled person as people like the Radisson take advantage.

I was equally disturbed by the fact that the Radisson reception staff looked me directly in the face and misled me about the taxi and about the same standard of room. I am not only seeking compensation but I am also seriously considering taking legal action against the Radisson.

In any case, I will not be staying at a Radisson ever again, but should this be mistaken as a complaint from one individual please be aware that all family, friends and colleagues will learn about this treatment and I am sure that they will also decide not to use the Radisson in the future.

Therefore, i asked them to consider the issues raised above and get back to me their comments.

I am stIll waiting........

Employment of disabled people

Today, I was thinking about the employment opportunities for disabled people (or the lack of them!) Currently, there are very few projects that empower disabled people through educating about their rights and how to find work, whether employed or self employed.

There are currently projects that are often run by charities which offer advice and support either by finding employment opportunities for disabled people, or there are also a few projects around developing disabled entrepreneurs - but there is nothing available that offers both.

I believe this is a gap that needs to be filled - even since the Disability Discrimination Act was passed (about reneuyears ago), the statistics still show that there is a one in seven chance of a disabled person being employed, compared to a non-disabled person finding the same job.

Hotel Refusal

I am going to see the football in October (West Bromwich Albion versus Fulham - with a Fulham win of course) and need to stay overnight in Birmingham City Centre. After sourcing a hotel to stay in - the Radisson - which is accessible and fitted my access requirements perfectly, I contacted the Reservations Department. My access requirement was for a wheelchair accessible room with a connecting room for my personal assistant to stay in (his snoring is the worse but don't tell him I told you). This connecting room should be complimentary, so as a disabled person, I do not need to pay any more than anyone else as per the needs of my condition i.e. having a personal assistant. I believe there was a case under the Disability Discrimination Act about two or three years ago which clarified the situation that the hotel must only charge for one room in these circumstances - the original claim was made against Intercontintental Hotels for a stay in an Express by Holiday Inn. I emailed the Radisson on Monday to make the request which they have refused. Now I have emailed them again but this time I have sited the DDA case and I am currently awaiting their reply.

It should be done as best practice in the original enquiry and it should not be necessary for someone to quote the law every time they want the same service that should be afforded to anyone.