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Disability Discrimination and
The Equality Act 2010

The Equality Act

From the 1st October 2010, the Equality Act replaced most of the Disability Discrimination Act (DDA). However, the Disability Equality Duty in the DDA continues to apply. The purpose of the Equality Act 2010 is to protect disabled people and prevent disability discrimination. It provides important legal rights for disabled people not to be treated less favourably because of their disability:

  • in accessing everyday goods and services – shops, cafes, banks, cinemas, places of worship

  • in access to health and social services

  • in relation to the use of transport services

  • at work

  • in education

  • in buying or renting land or property

  • in accessing or becoming a member of a larger private club (25 or more members)

  • in accessing the functions of public bodies

 

The Equality Act imposes a duty to service providers, public bodies and employers to make reasonable adjustments to ensure their services and/or premises are accessible by disabled people.

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What is the definition of “disabled”?

Under the Equality Act a person is disabled if:

  • He/she has a physical or mental impairment

  • the impairment has a substantial and long-term adverse effect on their ability to perform normal day-to-day activities

For the purposes of the Act, these words have the following meanings:

  • ‘substantial’ means more than minor or trivial

  • ‘long-term’ means that the effect of the impairment has lasted or is likely to last for at least twelve months

  • ‘normal day-to-day activities’ include everyday things like eating, washing, walking and going shopping etc

 

If you have had a disability in the past that meets this definition you will also be protected by the Act.”]

Reasonable Adjustments

In most circumstances reasonable adjustments must be made to ensure that a service or employment situation is accessible to those with a disability.

 

The duty to make reasonable adjustments refers to adjustments to services and practices as well as physical adjustments. This is an anticipatory duty, i.e. service providers should make adjustments now, rather than waiting until someone with a particular disability tries to use the service. It is also a continuing duty so an adjustment which appears reasonable at one time may be inadequate a couple of years later.

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What can I do if I think I have been discriminated against?

If you think that you have been discriminated against because of your disability please contact us on 0191 213 1010 to discuss the matter further. We will assess whether there has been discrimination under the Equality Act and advise you on the best course of action to take.

McKeag & Co have been established on Tyneside for over 100 years and during this time have been successful in obtaining millions of pounds compensation for people who have suffered abuse.

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Call Us on (0191) 213 1010 to arrange an initial free consultation or alternatively contact us online.

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0191 213 1010

McKeag & Co Solicitors

Please note that on 4th July 2022, we acquired the practice of Brennans Solicitors LLP. SRA Number: 542642 and are the successor practice for that firm.

Please note that on 1st February 2019, we acquired the practice of Stephens McDonald & Robson. SRA Number: 629167 and are the successor practice for that firm.

 

McKeag & Co is a trading name of McKeag & Co Solicitors LLP, a Limited Liability Partnership registered in England and Wales (registered number OC398140).

Our registered office is at 1-3 Lansdowne Terrace, Gosforth, Newcastle upon Tyne NE3 1HN.

VAT Registration No. 280 1684 06

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We use the word Partner to describe a senior person within the LLP rather than an owner of the firm or a Solicitor. The designation of Partner should therefore be read in this way. A list of Members is available for inspection at our registered office.

We are authorised and regulated by the Solicitors Regulation Authority (SRA) as McKeag & Co number 636733.

The SRA Standards and Regulations set out the regulatory framework imposed on service providers such as ours.

 

Further information about the relevant Codes of Conduct are included on the SRA website www.sra.org.uk.

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*Roisin O'Donnell is the accredited

Lifetime Lawyer at McKeag & Co Solicitors

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