Tuesday, November 29, 2022

Is Autism A Disability Under The Equality Act 2010

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It Covers Everyone In Britain And Protects People From Discrimination Harassment And Victimisation

What is discrimination arising from disability? | Equality law: discrimination explained

This means people cannot treat you unfairly if you are taking action under the equality act , or if you are. Schools, disability discrimination and the equality act 2010. Where relevant, these are held up for dementia may be considered to be a disability under the equality act 2010. The duties covered in this booklet are schools, disability discrimination and the equality act 2010. The equality act came into force on 1 october 2010 and it aims to provide a simpler, more consistent and more effective legal framework for preventing the act includes a new protection from discrimination arising from disability.

Barriers Faced By Disabled People Include:

  • Steps, or slippery/highly polished, uneven, cluttered or narrow paths/corridors/floors.
  • Heavy doors and gates, or ones with handles that are too difficult to reach. Security barriers .
  • Environments that are too bright or too dark.
  • Communications access .
  • Attitudes and assumptions made lack of awareness of rights.
  • Lack of employers willing to employ someone with a disability despite them being skilled and committed.
  • Noisy or busy environments.
  • Change .
  • Stressful situations.

Not all people will be disabled by these situations it depends upon the disability.

Is Anxiety Covered Under Equality Act

Esra would be protected by the Equality Act because she has: a mental impairment an anxiety disorder. it is long term she has had it for the past 3 years. it has a substantial effect on her daily life her mental health has a major effect on her daily life when you ignore the effect of her medication.

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What The Act Can Do For You

Under the Equality Act, service providers, employers and colleges have to make reasonable adjustments to help you. These can include:

  • providing flexible working hours
  • flexible return to work policies following illness
  • modifying work performance targets
  • providing special equipment or extra assistance to help you in college or work (some of this may be provided by education grants or under the access to work scheme
  • providing information in an accessible format such as Braille, Large Print, Easy Read or by using coloured paper
  • making a website accessible
  • providing ramps for wheelchair access
  • providing designated car parking spaces
  • providing adapted toilets

What Does Disability Mean

Autism Awareness

The Equality Act 2010 says that a pupil has a disability if he or she has a physical or mental impairment that has a long-term and substantial adverse effect on his or her ability to carry out normal day-to-day activities. Mental impairments include autism, a lifelong disability that affects how people perceive the world and interact with others. Most autistic people are likely to fit this description, but someone doesnt have to have a diagnosis to be considered disabled.

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What Can I Do If I’ve Been Discriminated Against

If you feel youve been discriminated against, you can:

A county or sheriff court can:

  • order the education provider to take an action or stop them from discriminating against you in the future
  • order the education provider to compensate you
  • order the education provider, or you, to pay legal costs.

If you feel youve been excluded from a college or university in Great Britain as the result of disability discrimination, read our Exclusion from college or university guide.

The Main Definition Of Disability

Unless their condition or impairment is automatically classed as a disability or they have a progressive condition, the Equality Act 2010 says someone is considered to have a disability if both of these apply:

  • they have a ‘physical or mental impairment’
  • the impairment ‘has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities’

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If Youre Not Sure If Your Impairment Is Substantial Or Long Term

Get advice from your doctor or other medical professional. You could ask them to tell you:

  • how long your impairment is likely to last and whether its likely to get worse
  • what would happen if you stopped your medication or other treatment
  • if there are any activities you should avoid

You doctor might also be able to help you prove you have a disability if you need to later on.

You can also try keeping a diary for a while – write down what you do, what you find difficult and why. This might make it clearer how much your impairment is affecting your normal day-to-day activities. Your friends and family might also be able to help you think of ways youre affected.

Check If The Effect Of Your Impairment Is Substantial

What is a disability according to the Equality Act 2010?

A substantial effect on your day-to-day activities means one thats more than minor or trivial.

The effect on your normal day-to-day activities might be substantial if you have more than one impairment. Other examples of when the effect might be substantial include:

  • taking longer with everyday tasks like getting dressed, going to the toilet or preparing meals because of pain, if you didnt take your painkillers
  • finding it difficult to go out on your own because of a phobia, physical restriction or learning disability
  • being unable to concentrate on watching TV or reading a newspaper because of mental health issues
  • finding it difficult to talk to people and avoiding socialising because you have Aspergers Syndrome and cant always understand what people mean
  • having seizures which cause you to lose awareness of your surroundings
  • being unable to read a book without an aid because of a learning impairment such as dyslexia

The effects might only be minor or trivial if they have very little effect on your daily life, like if the only effect on you is that you have to stop for a few minutes’ rest after walking for a mile at a normal pace.

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Why Are Autistic Children Excluded From Public Schools

As exclusion can lead to social isolation, increased anxiety, and depression, parents might argue that a more proportionate response would be to: make reasonable adjustments for the pupil. An autistic pupil is excluded for flapping his arms at a supply teacher. The teacher was alarmed by what he perceived to be threatening behaviour.

Autism Diagnosis And Support

Diagnosis leads to better understanding, information and support, so, the earlier the better! Assessments are based on whether the person has persistent difficulties with social communication and social interaction and restricted and repetitive patterns of behaviours, activities or interests since early childhood, to the extent that these limit and impair everyday functioning. Early intervention is definitely a positive move, as there is a danger that those on the autistic spectrum can become isolated which increases the possibility of developing a mental health issue if left undiagnosed. Treatments are to be avoided, as there is no evidence to back them up. Support and understanding are the key factors in managing this challenging condition.

The National Autistic Society has a comprehensive page on strategies and approaches that can be taken to improve the lives of autistic people and their families.

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Shelforce Focus On What Employees Can Do

We recognise that autistic employees can offer valuable transferable skills, such as attention to detail and dedication to routine. We also hold work experience sessions with autistic school children, to build their confidence and show them that they have a real future in the world of work.

If you would like to learn more about who we are and what we do, dont hesitate to contact us.

Find Out How This Legislation Affects Your Business

Autism Awareness  Summit

This Act of Parliament is a piece of legislation we often refer to in our various HR and employment law guides.

And with good reason, the Equality Act 2010 is an important law your business must be aware of.

It came into effect back in October 2010, but its something many organisations continue to struggle to understand.

Were here to help, so you can read on to find out about the need to knows.

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If You Take Medication Or Have Treatment For Your Disability

The legal test is that you should look at the impact of your impairment without any medication or treatment. Treatment includes things like counselling as well as medication. For example if you have arthritis and use a walking stick, think about how hard it would be for you to walk without it.

If you have a sight impairment which can be cured by wearing glasses or contact lenses, youll need to think about how your day-to-day activities are affected when youre wearing them.

What Is The Concept Of Equality

Equality is about ensuring that every individual has an equal opportunity to make the most of their lives and talents. … Equality recognises that historically certain groups of people with protected characteristics such as race, disability, sex and sexual orientation have experienced discrimination.

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Check If Your Impairments Long Term

A long-term effect means something that has affected you or is likely to affect you for at least a year. For example, if you had an operation that will make walking difficult for at least a year, thats long term.

Your impairment will still be considered to be long term if the effects are likely to come and go. These are known as fluctuating or recurring effects.

For example, youve had periods of depression for a few months at a time but then months in between where it doesnt affect you. Each episode of depression lasts less than 12 months, but it can meet the definition of long term if:

  • it has a substantial adverse effect when it happens, and
  • it could well happen again

Your impairment will also still be considered to be long term if its likely to affect you for the rest of your life even if thats going to be less than a year.

The definition of what is long term is in Schedule 1 of the Equality Act 2010.

Is Autism A Disability Under The Equality Act 2010

What is the duty to make reasonable adjustments? | Equality law: discrimination explained
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Is Autism A Disability Under The Equality Act 2010. Guidance on matters to be taken into account in determining questions relating to the definition of disability. This states that it is discrimination to treat a disabled person.

The purpose of bringing in the equality act 2010 was so it could bring together a number of existing laws into one place so that it is. The equality act came into force on 1 october 2010 and it aims to provide a simpler, more consistent and more effective legal framework for preventing the act includes a new protection from discrimination arising from disability. Therefore, the legislation potentially provides a framework for individuals to. The definition of ‘disability’ under the equality act 2010. The equalities act 2010 sets out a framework for employers and educational.

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Autism And Disability Discrimination

Under the Equality Act 2010, a disability is defined as a physical or mental impairment which has a substantial and long-term adverse effect on the ability to carry out day-to-day activities . The term substantial is defined as more than minor or trivial . In Elliott v Dorset County Council, the EAT has recently allowed an appeal against an Employment Tribunals finding that an employee was not disabled because the effects of his autism were not substantial.

Disciplinary proceedings were brought against Mr Elliott by a new line manager who alleged that he had falsely inflated the number of hours he had worked. Mr Elliott responded that his former line manager had agreed that he could record working hours of 9 to 5, irrespective of the exact hours he worked, because he often worked late at night at home, and in total worked considerably more than his contracted hours. During the disciplinary proceedings, Mr Elliotts union representative suggested that he obtain an autism assessment because of some of the characteristics he was displaying when trying to deal with the problems with his new manager. Mr Elliott was subsequently diagnosed with Autistic Spectrum Disorder and Aspergers Syndrome. In the meantime, he was made redundant in a departmental restructuring and the disciplinary proceedings were discontinued.

In This Document Any Reference To ‘the Act’ Means The Equality Act 2010

It identifies opportunities to enhance disability equality which were seized as well as those which were missed. In 2010, the equality act received royal assent. It covers everyone in britain and protects people from discrimination, harassment and victimisation. Where an individual meets the definition of disability, the employer has a duty to make reasonable adjustments to enable him or her to overcome. Schools, disability discrimination and the equality act 2010. It offers individuals stronger protection against discrimination. Guidance on matters to be taken into account in determining questions relating to the definition of disability. The equality act 2010 sets out a definition of disability, which must be met for an individual to be protected from disability discrimination. The definition of ‘disability’ under the equality act 2010. This means people cannot treat you unfairly if you are taking action under the equality act , or if you are. The equality act 2010 and the disability discrimination act can and does have an affect on you as a crps patient or chronic pain sufferer on a day to day basis. Some insist it’s not a disability, others are adamant that it is. Person has a disability if:

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What Evidence Might You Need To Establish Disability

In the recent case of Hannon v Organic Insurance Limited, the employment tribunal held that an insurance broker Anthony Hannon, who argued that he suffers from Attention Deficit and Hyperactivity Disorder , did not meet the definition of disability under the Equality Act 2010. His employer, Organic Insurance disputed that he was disabled, and a preliminary hearing was listed to determine the issue of disability, prior to proceeding to a full hearing.

Hannon provided an impact statement in support of his contention that he was entitled to the protections under the Equality Act 2010. His statement cited difficulties faced since being at secondary school and in carrying out domestic duties. His medical records were disclosed but the tribunal found that there was no diagnosis within his records. Whilst a diagnosis is not necessary to establish disability, the tribunal held that in the facts of this case, it was required and can, of course, provide useful evidence of disability.

A medical assessor suggested that Hannon did not have conclusive symptoms of ADHD but may be suffering from an Autistic Spectrum Disorder affecting his mood and behaviour. It was suggested that a further assessment would need to be carried out, therefore, no official diagnosis was received.

If You Need Evidence To Show You Have A Disability

Definition Of Disability Under Equality Act 2010

You can get evidence from your doctor or another medical professional. This could include:

  • how long your impairment is likely to last and if its likely to get worse
  • what would happen if you stopped your medication or other treatment
  • the effect it has on everyday activities

You can also keep a diary for a while – write down what you do, what you find difficult and why. This could make it clearer how much your impairment is affecting your normal day-to-day activities. Your friends and family might also be able to help you think of ways youre affected.

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If Your Employer Says They Dont Think You Have A Disability

You should explain why you think you have a disability. You’ll need to explain:

  • what impairment you have – if you dont know what the impairment is, explain its effects
  • why its long term
  • what the substantial adverse effect is – without aids, medication or treatment

Then ask your employer why they disagree.

If your employer disagrees, you can continue with your claim but they might still dispute that you have a disability. If you decide to take legal action, they could challenge the basis of your case by saying you dont meet the definition of having a disability.

The tribunal would decide if you have a disability by considering evidence from both parties. It will listen to what you say, but you might also need to show them medical evidence – like a letter from your GP or consultant.

If You Take Medication Or Have Treatment For Your Condition

The legal test for disability is based on what the impact of your condition would be without any medication or treatment. Treatment includes things like counselling as well as medication. For example, if you have arthritis and use a walking stick, think about how hard it would be for you to walk without it.

The legal test doesn’t apply if you have a visual impairment. Legally, you are considered disabled if there’s a significant impact on your eyesight even when you’re wearing glasses or contact lenses.

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What Happens If Someone Doesnt Cooperate With The Duty To Make Reasonable Adjustments

If someone doesnt cooperate with their duty to make reasonable adjustments, the Equality Act says its unlawful discrimination. You can ask the person or organisation to make the necessary changes. If they refuse, you can make a discrimination claim under the Equality Act.

Sheffield Autistic Society

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