Disability Discrimination at Work - A Guide to Sections 15 & 13 of the Equality Act 2010

Introduction

It is important for employers to understand how the Equality Act 2010 protects employees and workers with disabilities from discrimination in the workplace.

Section 15 of the Equality Act 2010 provides protection where a disabled person is treated unfavourably because of something arising in consequence of their disability. The provision is particularly important in an employment context, as it can apply where an employer has treated a disabled employee consistently with non-disabled colleagues, but has nevertheless treated them unfavourably because of something connected with their disability. For example, a sickness absence related to the disability would be ‘something connected’ and absence management would be unfavourable.

Despite the above employers can defend unfavourable treatment where it is justified and employers also need to understand this defence to avoid exposure to employers Employment Tribunal claims.

The distinction between discrimination arising from disability under section 15 and direct discrimination under section 13 is important. Although the two forms of discrimination can overlap, they involve different legal tests and raise different considerations for employers.

This virtual classroom seminar will focus primarily on discrimination arising from disability under section 15, while also considering direct discrimination under section 13 and the relationship between the two provisions.

What You Will Learn

This live and interactive course will cover the following:

• What is discrimination arising from disability under section 15 of the Equality Act 2010?
• What are the key elements that an employee must establish to bring a section 15 claim?
• How does section 15 differ from direct discrimination under section 13?
• When might conduct or a decision amount to both direct discrimination and discrimination arising from disability?
• How does the employer’s knowledge of the disability affect a section 15 claim?
• When can discrimination arising from disability be objectively justified?
• How should employers approach issues such as sickness absence?
• Consider where performance, conduct and capability may arise from a disability
• What recent case law illustrates the application of sections 15 and 13?
• What practical steps can employers take to reduce the risk of discrimination claims?

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.