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The Equality Act 2010 effectively recodifies previous ant-discrimination legislation in many respects, but it is perhaps worth restating the basic principles, particularly as they apply to potential discrimination in the work environment. Perhaps not surprisingly, the new Act has failed to go further than restating the old principles which are on one interpretation vague but which on the other hand are now clarified with the benefit of many court and tribunal decisions by way of clarification.

Recap – the duty to make reasonable adjustments

Setting aside the often difficult issue of what constitutes a disability, the issue then centres on the legal responsibility on an employer to make reasonable adjustments both in terms of job role and workplace for any disabled employees.

The question of what constitutes a “reasonable adjustment” in employment law in turn depends on many factors such as the size and resources of the employer and precise circumstances will of course vary considerably, but common examples worth considering as a non-exhaustive checklist might include :-

• special equipment
• working hours
• disabled employee’s duties
• Giving a disabled person time off for medical appointments or treatment
• Physical adjustments such as ramps, accessible toilets, reserved parking spaces or stair lifts
• The provision of a support worker to help a disabled employee with elements of their role that they are unable to complete alone due to their impairment

Access to public transport

In the UK, there is still much to do compared to other countries in Western Europe and the US in terms of disabled access to public transport. This is notwithtsanding that the law in England & Wales has for some time outlawed discrimination in access to public transport.

The “get out” relating to disabled access is the defence of justifiable discrimination, which in turmn often involves issues of cost and practicality.  Another defence relates to the areas of specific exemption from the general principle outlawing discrimination. Transport by ship is one siuch exemption although it is worth noting that a disabled person must not be treated less favourably at the ferry port. In terms of air travel, airport operators must provide services which allow disabled boarding, disembarkation and transfer to another flight and are not permitted to charge for these services.