Equality Act (formerly Disability Discrimination Act)

What is the Equality Act?

Equality legislation has been in place in the UK since the mid-1970s. Over time the laws have become more complex as our understanding of what’s meant by equality has become more sophisticated.

As of the 1st October 2010 the Equality Act replaces the Disability Discrimination Act (1995), or DDA, and is a vital piece of legislation to bear in mind when specifying products for buildings.

Where does the Equality Act apply?

The Equality Act applies to all service providers and those providing goods and facilities in Great Britain. This includes, for example, those providing information, advice and day care or running leisure centre facilities. It applies to all services, whether or not a charge is made for them. It also applies to private clubs and other associations with 25 or more members which have rules about membership and select their members.

Who is protected by the Equality Act?

Almost 10 million people in the UK are identified as having a disability. Previously with DDA, protection did not extend to people who are mistakenly thought to be disabled, or people who experience discrimination because of their association with a disabled person. Under the Equality Act these people are now protected against direct discrimination and harassment.

What has changed between DDA and the Equality Act?

Previously, adjustments to premises and to policies, practices and procedures had to be made by service providers only where it would otherwise be ‘impossible or unreasonably difficult’ for a disabled person to use the service. Now, under the new Equality Act, adjustments must be made where disabled people experience a ‘substantial disadvantage’. This means that service providers may have to make more adjustments. 
Also, it was previously possible for a service provider to legally justify failing to provide a reasonable adjustment in certain circumstances. Now, the only question is whether the adjustment is a reasonable one to make.

What changes are required?

Service providers are required to make changes, where needed, to improve service for disabled customers or potential customers. There is a legal requirement to make reasonable changes to the way things are done (such as changing a policy), to the built environment (such as making changes to the structure of a building to improve access) and to provide auxiliary aids and services (such as providing information in an accessible format, an induction loop for customers with hearing aids, special computer software or additional staff support when using a service).

Reasonable changes are required wherever disabled customers or potential customers would otherwise be at a substantial disadvantage compared with non-disabled people. Service providers cannot charge disabled customers for reasonable adjustments.
What is reasonable will depend on all the circumstances, including the cost of an adjustment, the potential benefit it might bring to other customers (ramps and automatic doors benefit customers with small children or heavy luggage, for example), the resources an organisation has and how practical the changes are.

The Equality Act 2010 requires that service providers must think ahead and take steps to address barriers that impede disabled people. In doing this, it is a good idea to consider the range of disabilities that your actual or potential service users might have. You should not wait until a disabled person experiences difficulties using a service, as this may make it too late to make the necessary adjustment.