#OTalk 30th April 2019 – The Equality Act 2010

equality-act-2010

The OTalk. Team thought it might a good for our CPD to explore and understand UK government, legislation and acts that might impacted on our practise or could inform our knowledge and understanding better,  over the year we will host a number of chat’s looking at these sort of documents,  Please do suggest some for future chats.  

This week Rachel Booth aka @otrach will host a chat, looking at the Equality Act 2010 which cover all areas of the UK however both Scotland and Wales has devotion rights and you can find out more about them at below links.  

I’m not an expert on the equality act but here is a brief over,  and below are the questions that I will be asking during the chat,  followed by a reflect log to fill in after the chat that you can use as some evidence you have engaged in some CDP.

The Equality Act 2010 legally protects people from discrimination in the workplace and in wider society.

It replaced previous anti-discrimination laws with a single Act, making the law easier to understand and strengthening protection in some situations. It sets out the different ways in which it’s unlawful to treat someone.

It is against the law to discriminate against anyone because of:

  • age
  • gender reassignment
  • being married or in a civil partnership
  • being pregnant or on maternity leave
  • disability
  • race including colour, nationality, ethnic or national origin
  • religion or belief
  • sex
  • sexual orientation

These are called ‘protected characteristics’.

You’re protected from discrimination:

  • at work
  • in education
  • as a consumer
  • when using public services
  • when buying or renting property
  • as a member or guest of a private club or association

You’re legally protected from discrimination by the Equality Act 2010.

You’re also protected from discrimination if:

  • you’re associated with someone who has a protected characteristic, for example a family member or friend
  • you’ve complained about discrimination or supported someone else’s case.

You can do something voluntarily to help people with a protected characteristic. This is called ‘positive action’.

Taking positive action is legal if people with a protected characteristic:

  • are at a disadvantage
  • have particular needs
  • are under-represented in an activity or type of work

Disability and the Equity Act

You’re disabled under the Equality Act 2010 if you have a physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on your ability to do normal daily activities.

  • ‘substantial’ is more than minor or trivial, eg it takes much longer than it usually would to complete a daily task like getting dressed
  • ‘long-term’ means 12 months or more, eg a breathing condition that develops as a result of a lung infection

There are special rules that apply to fluctuating conditions. eg arthritis.

Discrimination can come in one of the following forms:

  • direct discrimination – treating someone with a protected characteristic less favourably than others
  • indirect discrimination – putting rules or arrangements in place that apply to everyone, but that put someone with a protected characteristic at an unfair disadvantage
  • harassment – unwanted behaviour linked to a protected characteristic that violates someone’s dignity or creates an offensive environment for them
  • victimisation – treating someone unfairly because they’ve complained about discrimination or harassment

It can be lawful to have specific rules or arrangements in place, as long as they can be justified.

More detail at https://www.gov.uk/discrimination-your-rights/how-you-can-be-discriminated-against 

Questions during the chat 

  1. Before tonights chat what was you knowledge and understanding of the equity act?
  2. Ok over to you now all please ask one question to hopefully further your knowledge and understanding (everyone is welcome to answer)
  3. How if at all do you think this act impacts on or influences you’re clinical practise?
  4. Is there anything not cover by the act that you think should be considered for future updates of the act?
  5. How can we as occupational therapist influence future acts of parliament?
  6. Don’t forget to fill in the reflective log and do you have any suggestions for future chats about government Policy, legislation and or acts.

Link to Scottish act https://www.gov.scot/publications/scottish-governments-equality-duties/

Link to welsh act http://www.legislation.gov.uk/wsi/2011/1064/pdfs/wsi_20111064_mi.pdf

References 

 https://www.gov.uk/guidance/equality-act-2010-guidance#history

https://www.legislation.gov.uk/ukpga/2010/15/pdfs/ukpga_20100015_en.pdf

Equality Act 2010

POST CHAT

Host and OTalk Support: @otrach

Online Transcript

#OTalk Healthcare Social Media Transcript April 30th 2019

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