Disability Discrimination Webinar Slides

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    15-Dec-2014
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The complimentary slides for the recent webinar on Disability Discrimination, presented by Marie Walsh. The webinar covers: Eligibility Direct discrimination Discrimination arising from disability Indirect discrimination Victimisation and harassment Reasonable adjustments If you would like to view the full webinar, please email marketing@shorebird.com and we will happily email the recording immediately, or why not join our LinkedIn Webinar Network to access all our archives http://linkd.in/1acZPdh

Transcript of Disability Discrimination Webinar Slides

  • 1. A little bird told me. 0113 322 7240 marketing@shorebird-rpo.com www. shorebird-rpo.com SHOREBIRD ATTRACT SHOREBIRD MANAGE SHOREBIRD SUPPORT Help companies with their direct hiring strategy
  • 2. Shorebird Manage 0113 322 7240 marketing@shorebird-rpo.com www. shorebird-rpo.com Promote, Communicate and Organise your Recruitment Want to know more? Why not ask for an online demo?
  • 3. Marie Walsh Winston Solicitors LLP 112 Street Lane Roundhay Leeds Disability Discrimination
  • 4. Summary Eligibility Direct discrimination Discrimination arising from disability Indirect discrimination Victimisation and harassment Reasonable adjustments
  • 5. Definition - disability Equality Act 2010 A person (P) has a disability if P has a physical or mental impairment and the impairment has a substantial and long term adverse effect on his ability to carry out normal day to day activities (Section 6 (EA 2010))
  • 6. Four key questions: 1 1.Is there a physical or mental impairment? Identify the impairment Medical advice Beware of deemed disabilities
  • 7. Four key questions: 2 2. Is there an affect on the employees ability to carry out normal day-to-day activities? Activities must be normal, e.g. shopping, reading and writing, getting dressed etc Effects on ability at work? Personal statement?
  • 8. Four key questions: 3 3. Is the affect substantial? More than minor or trivial Likely to reoccur Progressive condition Medical advice
  • 9. Four key questions: 4 4. Is the affect long term? Lasted at least 12 months or Likely to last 12 months or Likely to last for the rest of their life
  • 10. Eligibility Day 1 rights Advertisements Application to termination Unlimited compensation Injury to feelings
  • 11. Direct discrimination Because of disability, a person (A) treats another (B) less favourably than A treats or would treat others (Section 13(1) EA 2010)
  • 12. Discrimination arising from disability A treats B unfavourably because of something arising in consequence of Bs disability; and A cannot show that the treatment is a proportionate means of achieving a legitimate aim. (Section 15(1) EA 2010)
  • 13. Indirect discrimination A applies to B a provision, criterion or practice (PCP) B has a disability A applies (or would apply) that PCP to a person who does not have Bs disability The PCP puts (or would put) those with Bs disability at a particular disadvantage when compared to other persons. The PCP puts (or would put) B at that disadvantage A cannot justify the PCP by showing it to be a proportionate means of achieving a legitimate aim (Sections 6 and 19 EA 2010)
  • 14. Victimisation A subjects B to a detriment because either: B has done a protected act; or A believes that B has done or may do a protected act (Section 27(2) EA 2010)
  • 15. Harassment 1.A engages in unwanted conduct related to disability; 2.The conduct has the purpose or affect of violating Bs dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for B.
  • 16. Harassment (contd) In deciding whether conduct should be regarded as having the required affect, the following must be taken into account: 1.Bs perception 2.The other circumstances of the case 3.Whether it is reasonable for that conduct to have that affect. (Section 26(4) EA 2010)
  • 17. Reasonable adjustments The Equality Act imposes a duty on employers to make reasonable adjustments. The duty can arise where a disabled person is placed at a substantial disadvantage by reason of: 1.An employers provision, criterion or practice (PCP) 2.A physical feature of the employers premises 3.An employers failure to provide an auxiliary aid
  • 18. Questions? ? ?
  • 19. Winston Solicitors - contact details Telephone: 0113 320 5000 Website: www.winstonsolicitors.co.uk email: maw@winstonsolicitors.co.uk LinkedIn: www.linkedin.com/in/mariewalshsolicitor Twitter: @MarieWinstonLLP
  • 20. View more FREE webinars at www.shorebird-rpo.com/free-webinars Join our LinkedIn Group to access slides and recordings http://linkd.in/1acZPdh Connect on social media Thank you 0113 322 7240 sales@shorebird-rpo.com www. shorebird-rpo.com