Your rights under the Equality Act

In short

• In England, Scotland and Wales, the Equality Act 2010 protects disabled people. In Northern Ireland, the Disability Discrimination Act 1995 applies.
• The law looks at the effect an impairment has on your daily life, not only the name of a condition.
• Schools, colleges, employers and service providers must make reasonable adjustments so that you are not substantially disadvantaged.
• Advice is available. The Equality Advisory and Support Service helps in England, Scotland and Wales, and the Equality Commission for Northern Ireland helps in Northern Ireland.

Are you disabled under the law?

Under section 6 of the Equality Act 2010, you are disabled if you have a physical or mental impairment, and it has a substantial and long-term adverse effect on your ability to carry out normal day-to-day activities.

The law explains "long-term" in Schedule 1. An effect is long-term if it has lasted for at least 12 months, is likely to last for at least 12 months, or is likely to last for the rest of your life.

This test is about how an impairment affects you. Many autistic people meet it, but each situation depends on its own facts. Keep a note of the effects you experience, such as sensory overload, difficulty with communication, or fatigue, and when they happen.

Where the Act applies

The Equality Act covers work, education, services and public functions, and premises. Schools and colleges, employers, shops, leisure centres, transport providers and public bodies all have duties under it.

In Northern Ireland, the Disability Discrimination Act 1995 applies, with changes set out in its own Schedule for Northern Ireland.

Types of discrimination

Discrimination can take several forms. Two of the most important for disabled people are:

• Discrimination arising from disability. Someone treats you unfavourably because of something arising from your disability, and they cannot show the treatment is a proportionate way of achieving a legitimate aim (section 15).
• Failure to make reasonable adjustments. A person does not take reasonable steps to avoid putting you at a substantial disadvantage (section 20).

Other forms include direct discrimination, harassment and victimisation.

Reasonable adjustments

A reasonable adjustment is a change that removes or reduces a disadvantage you face because of your disability. Examples might include:

• extra time or a quieter room for an exam or assessment
• information provided in an accessible format
• a clear, written plan for changes to routines, such as a timetable
• a change to a rule or practice, such as allowing a sensory break

The duty does not require the person to take every step. The steps must be reasonable. The law also says the disabled person should not generally have to pay for the adjustment.

Getting advice

• Equality Advisory and Support Service (EASS) helps people in England, Scotland and Wales. Call 0808 800 0082. The helpline is open Monday to Friday, 9am to 7pm, and Saturday, 10am to 2pm. It does not give legal advice, but it can help you resolve a problem informally.
• Equality Commission for Northern Ireland gives advice on disability discrimination. Call 028 9050 0600.
• IPSEA provides free legal guides on special educational needs and disability law in England.

Keep a dated record of what happened, who you spoke to, and any letters or emails. This helps whoever advises you.

This guide is general information, not legal or financial advice.