The UK equality laws and epilepsy

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1 The UK equality laws and epilepsy Contents About the equality laws Why the equality laws protects you because you have epilepsy The different types of disability Areas of life where the equality laws can help The Public Sector Equality Duty (England, Scotland and Wales) Areas of life where people can lawfully treat you differently, if you have epilepsy Reasons why people can lawfully treat you differently, if you have epilepsy What to do if you think you ve been treated unfairly under the equality laws How to take legal action against someone who has treated you unfairly Finding out more about the equality laws About the equality laws This information is about two different equality laws: the and the Disability Discrimination Act. The The applies to England, Scotland and Wales. It first came into force in October 2010, replacing the Disability Discrimination Act. It aims to protect people from unfair because of their disability, race, religion and belief, gender reassignment, marriage and civil partnership, pregnancy and maternity, sex, sexual orientation or age. Under the Act, these are called protected characteristics. The message of the is that everyone has the right to be treated fairly at work or when using services. The also has extra rules for government and other public organisations. They must pay due regard to the need to reduce. They should also pay due regard to making sure people who are disabled, or who have another protected characteristic, are treated equally to other people. To pay due regard to means they should try to achieve the aims, but they do not have a legal obligation to achieve them. The Disability Discrimination Act The Disability Discrimination Act applies to Northern Ireland. It first came into force in It aims to reduce against disabled people. It says that disabled people should not be treated less well than non-disabled people. Why the equality laws protect you because you have epilepsy Disabled people are protected by the equality laws. The laws say that you are considered to be disabled if you have a physical or mental impairment. The laws consider how the impairment affects you, or would affect you, if you did not take medicines to treat it. The impairment must have a substantial effect on your ability to carry out normal day-to-day activities. It must also have lasted, or be likely to last, for at least 12 months. For these reasons, if you have epilepsy, you may be considered to be a disabled person, under the equality laws. 1

2 The equality laws apply to you if you have epilepsy now, or if you have had epilepsy in the past. This is as long as there is a likelihood that your epilepsy could come back. Your epilepsy would also have to have a substantial effect on your day-to-day activities. The laws apply to you whether or not you take epilepsy medicine. The different types of disability According to the equality laws, there are different types of disability. Not all types come under the. And the definition of some types of are different under the and the (See below.) Types of Direct Yes Yes Discrimination by association Yes No Indirect Yes No Discrimination arising from a disability Yes Yes Failure to make a reasonable adjustment Yes Yes Harassment Yes Yes Victimisation Yes Yes Direct About direct Examples of direct This happens when: somebody treats you less well than somebody else; and the treatment is because you have epilepsy or care for somebody with epilepsy. A landlord will not rent a flat to you because you have epilepsy. They will rent the flat to someone else who doesn t have epilepsy. A taxi driver refuses to give you a lift because you have epilepsy. Your friend doesn t have epilepsy and the taxi driver will take him. (Northern Ireland) This happens when: somebody treats you less well than another person who doesn t have epilepsy; and the other person s circumstances and abilities are the same as, or very similar to yours; and the treatment is because you have epilepsy. You are not offered a job interview because you have epilepsy. But somebody else who has the same skills and qualifications as you, but does not have epilepsy, is offered a job interview. Your classmate, who sings no better than you, is allowed to join the school choir. She doesn t have epilepsy. You are not allowed to join the school choir, because you have epilepsy. 2

3 Discrimination by association About by association An example of by association Indirect About indirect Examples of indirect This protects your family and friends from direct because you have epilepsy. You need to make up some work hours that you missed when you took your son to a medical appointment for his epilepsy. Your employer is not flexible in the way you can make up the work hours. However, your colleague takes her son, who does not have epilepsy, to a doctor s appointment. Your employer is very flexible in the way she can make up her hours. This happens when: having epilepsy means you are put at a disadvantage to other people, because of some general rules or practices that apply to everyone; and there isn t a fair explanation for that rule or practice. Anyone who wants to be in the school play has to come to school an hour early every morning for rehearsals. This discriminates against you if your seizures usually happen early in the morning. A night club will only accept a driving licence as a form of proof of age. This discriminates against you if you don t have a driving licence because of your epilepsy. (Northern Ireland) This does not apply under the. This does not apply under the. (Northern Ireland) This does not apply under the. This does not apply under the. Discrimination arising from a disability About arising from a disability This happens when: somebody treats you unfavourably; and the treatment is because of something arising from your epilepsy; and they knew, or should have known, that you had the (Northern Ireland) This happens when: somebody treats you less well than another person who doesn t have epilepsy; and the treatment is because you have epilepsy; and 3

4 About arising from a disability (continued) Examples of arising from a disability disability; and they can t give a fair reason for that unfair treatment. There is no need to compare the way that someone treats you with the way they treat somebody who doesn t have epilepsy. You have a long absence from work because of your epilepsy. Your employer dismisses you because of that absence, even though they could have covered your work duties during your absence. A restaurant owner refuses to serve you because they fear that it will upset the other customers if you have a seizure. A college refuses to admit you because you have epilepsy. They think that if you have a seizure it will disrupt lessons. they can t give a fair reason for that unfair treatment. A beauty salon will not pierce your ears because you have epilepsy. Your friend doesn t have epilepsy and they will pierce hers. Failure to make a reasonable adjustment About failure to make a reasonable adjustment Examples of reasonable adjustment Sometimes, people or organisations may need to make a reasonable adjustment. This is to make sure that you are not put at a substantial disadvantage to other people, just because you have epilepsy. Failure to make this adjustment could be illegal under the Act. The person or organisation that has the duty to make the adjustment is not allowed to pass any cost of making them on to you. Reasonable adjustments can include: making changes to a rule, requirement or practice making changes to buildings or premises providing equipment that will help you. A teacher gives you written lesson notes because you had a seizure during a lesson. (Northern Ireland) As Equality Act As Equality Act 4

5 Examples of reasonable adjustment (continued) A restaurant gives you a table where there is less risk of injury if you had a seizure. (For example, at the edge of a room, out of the path of the people serving food.) An employer could allow you to start and finish work later than other employees, if you usually have seizures first thing in the morning, provided this fits in with their working practices. Harassment About harassment An example of harassment This happens when somebody behaves towards you in a way you don t want, such as taunting or bullying, and the behaviour has the purpose or effect of: violating your dignity (failing to treat you in a respectful way), or creating an intimidating, hostile, degrading, humiliating or offensive environment for you. Your employer has a duty to protect you from harassment by the people you work with. If your colleagues bully you because of your epilepsy, your employer may be considered responsible for this. The also protects your family and friends. They must not be harassed or treated unfairly because you have epilepsy. Your son has epilepsy and you take him to see an epilepsy specialist during work hours. Your colleagues make abusive and insulting comments about you and your son, because his epilepsy has caused you to have time off work. (Northern Ireland) As Except: The does not protect your family and friends from harassment because you have epilepsy. You have epilepsy and see an epilepsy specialist during work hours. Your colleagues make abusive and insulting comments about you, because your epilepsy has caused you to have time off work. 5

6 Victimisation About victimisation An example of victimisation This is when: somebody treats you less well than other people, because you have complained of disability ; or they treat you less well because you have helped somebody else to complain about disability. You are not invited to office social events because you supported a colleague when they complained about at work. (Northern Ireland) As Equality Act As Equality Act Areas of life where the equality laws can help Employment All employers have to consider you on an individual basis for your suitability to do a job. The only exceptions to this are jobs in the armed forces, which are not covered by the equality laws. All areas of employment are covered: job advertisements, application forms, interviews, job offers, terms of employment, training or promotion opportunities, dismissal or redundancy. Education Schools, colleges, universities and providers of adult education should make sure that you are treated fairly. Access to goods, facilities and services, including insurance People or organisations that provide any kind of goods, facilities or services (including free services) have to make sure that they do not treat you unfairly because of your epilepsy. Service providers must not refuse to provide you with a service, or provide the service to a worse standard, for a reason related to your epilepsy. Service providers should make reasonable adjustments, and think ahead about the needs of people with epilepsy or other disabled people who may use their services. They should not wait until they are asked to make adjustments by individual service users. Examples of service providers are shops, cafes, restaurants, banks, places of worship, cinemas and toddler groups. Transport Providers of transport services must comply with the equality laws. Transport services include breakdown recovery vehicles, hire or rental vehicles, private hire vehicles, public service vehicles, rail vehicles and taxis. 6

7 Reasonable adjustments made by transport providers are anticipatory. This means that they should think ahead about the needs of all disabled people who may use their services. They should make reasonable adjustments in advance and not wait until they are asked to make adjustments by individual service users. The reasonable adjustment duty does not apply to aircraft and shipping vessels. Buying, renting or managing land or property There are rules for landlords and other people connected with selling, letting or managing land or property. They mustn t treat you unfairly for a reason relating to your epilepsy. Health and social care Hospitals and NHS Trusts must actively look for ways of making sure that disabled people, including people with epilepsy, are treated fairly. They must also take steps to meet your needs. This is the case even if it means giving you more favourable treatment than someone who doesn t have epilepsy. The Public Sector Equality Duty under the The Public Sector Equality Duty came into force in It applies to all public authorities or organisations that have a public function. Some examples are central government, local authorities and health authorities. In all the roles they carry out, they should pay due regard to : stopping or preventing, harassment and victimisation encouraging good relations between people who are disabled (or who have another protected characteristic) and those who are not working to enable people who are disabled (or who have another protected characteristic) to have equal opportunities to those who do not removing or minimising disadvantages suffered by disabled people that are connected to their disability encouraging disabled people to participate in public life or in any other activity which they presently do not tend to take part in. Areas of life where people can lawfully treat you differently, if you have epilepsy Area of life Jobs in the armed forces These jobs are not covered by the equality laws. Insurance Insurers can treat disabled people differently to other people, as long as they can justify their reasons. Epilepsy Action has more information about the equality laws and insurance. Example The armed forces can refuse to employ you because you have epilepsy or a history of epilepsy. An insurer may charge you more for travel insurance because you have epilepsy. In some cases they could refuse to insure you. They would have to prove that you are more likely to make a claim than somebody who doesn t have epilepsy. 7

8 Other reasons why people can lawfully treat you differently, if you have epilepsy Reason Health and safety This could be justified if your epilepsy posed a health and safety risk to you or somebody else. Unreasonable adjustments This could be justified if the employer or service provider would have to make unreasonable changes. Example An employer might not give you a job that involves climbing up ladders, because you have regular seizures. This would be dangerous. They may give the job to somebody who doesn t have seizures. This is an example of arising out of a disability. However, it would be lawful, because the employer could justify his reasons. A nightclub owner might not be expected to change the strobe lighting in the club, so that somebody with photosensitive epilepsy could go. An adjustment like that could change the whole atmosphere of the club, so may be considered unreasonable. What to do if you think you ve been treated unfairly under the equality laws Talking to the people concerned First, you could talk to the people concerned. This might be your employer, your teacher, a restaurant manager or a landlord, for example. It s a good idea to keep a note of attempts you have made to try and sort the situation out. This can be useful information if you later decide to take more formal action, such as getting legal advice. If the is taking place at work and you re a member of a union, you could ask them to support you when you are talking to your employer. Getting legal advice You might want to make a legal complaint about unfair treatment by an employer or service provider. Or, you might think that a public authority is not making an effort to carry out its duties under the Public Sector Equality Duty under the. In this case, you need to seek legal advice as soon as possible. This is because there are strict time limits for bringing cases to Employment Tribunals and courts. How to take legal action against someone who has treated you unfairly under the equality laws Be aware that taking legal action can be expensive. However, depending on your financial circumstances and the issues involved, you may be eligible for the Legal Aid scheme, to cover some or all of the costs. There are a number of not-for-profit organisations such as law centres, and firms of solicitors, that specialise in helping disabled people with issues. If you choose to employ a solicitor, it is important to check at the beginning how they will expect to be paid. You should also find out whether they have a contract to provide advice and representation through the Legal Aid scheme. It is also a good idea to find out how much experience they have in dealing with cases 8

9 Where to get help, support and advice in the UK If you live in England Organisation and what they do Advisory, Conciliation and Arbitration Service (ACAS) If you feel that you have been treated unfairly at work, they will try to help you. Community Legal Advice Provides information about legal aid. The website also has a find a solicitor option that you can search by name, postcode and type of legal case. Directgov This website, supported by the government, includes lots of information about the and your rights. Equality Advisory and Support Service Provides information advice and support on and human rights issues to individuals in England, Scotland and Wales Equality and Human Rights Commission Offers advice and guidance about the. Law Centres Provide some free and independent professional legal services. Contact details Tel: Tel: (click on the section for disabled people.) Tel: Tel: If you live in Northern Ireland Organisation and what they do The Equality Commission Offers advice and support if you feel you ve been discriminated against because of your epilepsy. Also has more information about the Disability Discrimination Act. Labour Relations Agency If you re not a member of a union, they will try to help. Law Centres Provide some free and independent professional legal services. Northern Ireland Legal Services Commission Can help you to find a legal aid solicitor. Contact details Tel: Tel: Tel:

10 If you live in Scotland Organisation and what they do Advisory, Conciliation and Arbitration Service (ACAS) If you feel that you have been treated unfairly at work, they will try to help you. Contact details Tel: Directgov This website, supported by the government, includes lots of information about the and your rights. Equality Advisory and Support Service Provides information advice and support on and human rights issues to individuals in England, Scotland and Wales Equality and Human Rights Commission Offers advice and guidance about the. (click on the section for disabled people.) Tel: Scottish Legal Aid Board Can help you to find a legal aid solicitor. Tel: If you live in Wales Organisation and what they do Advisory, Conciliation and Arbitration Service (ACAS) If you feel that you have been treated unfairly at work, they will try to help you. Community Legal Advice Provides information about legal aid. The website also has a find a solicitor option that you can search by name, postcode and type of legal case. Directgov This website, supported by the government, includes lots of information about the and your rights. Equality Advisory and Support Service Provides information advice and support on and human rights issues to individuals in England, Scotland and Wales Equality and Human Rights Commission Offers advice and guidance about the. Law Centres Provide some free and independent professional legal services. Contact details Tel: Tel: (click on the section for disabled people.) Tel: Tel:

11 About this publication This information is written by Epilepsy Action s advice and information team, with guidance and input from people living with epilepsy and medical experts. If you would like to know where our information is from, or there is anything you would like to say about the information, please contact us. Epilepsy Action makes every effort to ensure the accuracy of information but cannot be held liable for any actions taken based on this information. Date: December 2012; Due for review: December 2014 Code: F Our thanks Epilepsy Action would like to thank Kate Whittaker, solicitor, Irwin Mitchell LLP, and the Equality Commission NI for their contribution to this information. Kate Whittaker has declared no conflict of interest. Your support We hope you have found this fact sheet helpful. As a charity, we rely on donations to provide our advice and information. If you would like to make a donation, here are some ways you can do this. Visit Text ACT NOW to (This will cost you 5 plus your usual cost of sending a text. Epilepsy Action will receive 5.) Send a cheque payable to Epilepsy Action to the address below. Did you know you can also become a member of Epilepsy Action from less than 1 a month? To find out more, visit or call Epilepsy Helpline Freephone , text , helpline@epilepsy.org.uk, Contact details Epilepsy Action, Gate Way Drive, Yeadon, Leeds LS19 7XY, UK, +44 (0) A registered charity (No ) and company limited by guarantee (No ) in England. Copyright Epilepsy Action 11