tel: 0845 600 4996 or view our contact details
News Feed
03 Sep 2010
The Government has published three further sets of Regulations relating to the Equality Act 2010 that is due to come into force in October 2010.
The Regulations are relevant to the meaning of disability as well as continuing existing exceptions for occupational and personal pension schemes in respect of sex and age. The Government is also consulting on statutory guidance to aid interpretation of the definition of disability in the Act.
The Equality Act 2010 (Disability) Regulations 2010 SI 2010 / 2128 contain supplementary technical provisions deemed inappropriate to be included in the Act.
The Regulations notably prevent addictions and other conditions, such as a tendence to steal from attracting protection under the Act. The excluded conditions are currently excluded from the Disability Discrimination Act 1995, but these provisions set them out expressly.
The Regulations also enable children to qualify as disabled where their impairment (although not impacting on their normal day to day activities) would have a substantial and long term adverse effect on the ability of a person aged 6 or over to carry out normal day to day activities, which could potentially make it much easier for a parent or carer to make an associative discrimination claim.
The definition of a disabled person in the Equality Act will differ slightly to that set out in the Disability Discrimination Act and as such, the Office of Disability Issues has produced statutory guidance on what constitutes a disability.
The Equality Act 2010 (Sex Equality Rule) (Exceptions) Regulations 2010 SI 2010 /2132 and the Equality Act (Age Exceptions for Pension Schemes) Order 2010 SI 2010 / 2133 provide for exemptions, in respect of sex and age, from the sex equality and non discrimination rules incorporated into occupational pension schemes by the Equality Act.
The Equality Act 2010 (Disability) Regulations 2010 SI 2010 / 2128 contain supplementary technical provisions deemed inappropriate to be included in the Act.
The Regulations notably prevent addictions and other conditions, such as a tendence to steal from attracting protection under the Act. The excluded conditions are currently excluded from the Disability Discrimination Act 1995, but these provisions set them out expressly.
The Regulations also enable children to qualify as disabled where their impairment (although not impacting on their normal day to day activities) would have a substantial and long term adverse effect on the ability of a person aged 6 or over to carry out normal day to day activities, which could potentially make it much easier for a parent or carer to make an associative discrimination claim.
The definition of a disabled person in the Equality Act will differ slightly to that set out in the Disability Discrimination Act and as such, the Office of Disability Issues has produced statutory guidance on what constitutes a disability.
The Equality Act 2010 (Sex Equality Rule) (Exceptions) Regulations 2010 SI 2010 /2132 and the Equality Act (Age Exceptions for Pension Schemes) Order 2010 SI 2010 / 2133 provide for exemptions, in respect of sex and age, from the sex equality and non discrimination rules incorporated into occupational pension schemes by the Equality Act.
