What are My Rights as a Disabled Person?

24 sept 2022
Smiling woman in a wheelchair with pink hair using her laptop
Smiling woman in a wheelchair with pink hair using her laptop

What is disability discrimination in the UK?

In the UK, individuals living with disabilities are protected under comprehensive legislation designed to combat discrimination and promote equality. Knowing your rights is not just empowering; it's a vital step towards ensuring fair treatment in all aspects of life—from employment and education to accessing goods and services. This blog post delves into the core aspects of disability rights in the UK, focusing on what constitutes disability discrimination and how the law protects you.

The Equality Act 2010

At the heart of disability rights in the UK is the Equality Act 2010, a cornerstone legislation that provides a legal framework to protect individuals from discrimination and ensure everyone has equal opportunities to thrive, irrespective of their disabilities. Disability is one of the protected characteristics named in the Act

What is Disability Discrimination?

Disability discrimination occurs when an individual with a disability is treated less favourably than others because of something connected to their disability. The Equality Act outlines several forms of discrimination:

  • Direct Discrimination: When someone is treated worse than another person in a similar situation because of their disability. For example, if an employer chooses not to employ someone and their reason is that the person is disabled.
  • Indirect Discrimination: This happens when an organisation has a particular policy or way of working that puts people with disabilities at a disadvantage. For example, if an employer has a policy that employees can only snack or eat during a specific lunch hour, this may prevent people with diabetes from being able to work there safely.
  • Discrimination Arising from Disability: When you're treated badly because of something connected to your disability (e.g., needing time off for medical appointments).
  • Failure to Make Reasonable Adjustments: Employers, schools, and providers of goods and services must make reasonable adjustments to avoid disabled people being at a disadvantage and experiencing indirect discrimination. For example, a school must install wheelchair ramps and lifts if a school building has stairs, or employers must consider providing flexible working or adapted equipment.
  • Harassment: This involves unwanted behaviour linked to a person's disability that violates their dignity or creates an offensive environment for them.
  • Victimisation: Treating someone unfairly because they have complained about discrimination or harassment.

Your Rights Under the Law

The Equality Act provides broad protections from the discriminatory behaviours listed above across various areas of life, including employment, education, access to goods and services, and housing. Employers, schools, service providers and landlords are obliged to make reasonable adjustments to access to schools, shops and offices, equipment provided to you at work, and information provided in shops among other aspects, in order to accommodate your needs.

Failure to do so, when it would be reasonable for the organisation to do so, is against the law. What is considered reasonable depends on the context, but the organisation may take into account for example its ability to afford the adjustments and their impact on others’ health and safety when making its decision.

Taking Action Against Discrimination

If you believe you've been discriminated against because of your disability, the Equality Act empowers you to take action. You can make a complaint directly to the person or organisation, use a mediation service to resolve the issue, or consider legal action. Support and advice are available from various organisations, including the Equality Advisory and Support Service (EASS) and Citizens Advice, and there are a number of law firms with specialisms in disability rights.

Exploring more ways to streamline your life with a disability? The National Disability Card could be your next step. It provides a handy, visual ID that subtly conveys your needs, enabling you to seek support from others discreetly. National Disability Cardholders are eligible for discounts at leading attractions such as Better leisure centres, Disneyland Paris, Europa Park, Banham Zoo - plus many more. You can apply for your National Disability Card here.

Conclusion

Understanding your rights as a disabled person in the UK is crucial for advocating for yourself and ensuring you receive fair treatment and equal opportunities. The Equality Act 2010 offers robust protections against discrimination, but awareness and understanding are key to enforcing these rights. If you encounter discrimination, know that the law is on your side, and there are resources available to support you through the process.

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Make Access Easy With National Disability Card

The National Disability Card allow quick and easy visual identification of disabled people to help them show that they may require assistance.