09/10/2024
This is what the equalities people told me,
n order to gain protection under the Equality Act 2010, you need to have what is referred to as a ‘protected characteristic’. Disability is one of the protected characteristics, and it is defined as:
“A physical or mental impairment which has a substantial and long term adverse effect on one's ability to carry out normal day-to-day activities.”
“Normal day-to-day activities”, as in activities outside school, work, etc. “Long term”, the effect has lasted for at least 12 months, is likely to last for at least 12 months or the effect is likely to last for the rest of the affected person’s life. “Substantial” is defined as more than minor or trivial.
If the above mentioned definition applies to your condition, you are more likely to be protected by the Act.
We would then factor the area in which the incident took place; the likely sector would be services.
We would then look at the following prohibited conduct of failure to make reasonable adjustments as you have stated that you have requested reasonable adjustments that they haven’t provided for you as you requested them due to your accessibility request.
Reasonable Adjustment Duty (RAD)
The reasonable adjustment duty requires organisations to make reasonable adjustments for disabled individuals who are placed at a substantial disadvantage due to their disability.
It is worth noting that service providers and education providers do have an anticipatory duty to consider how disabled individuals are going to access their services.
The duty covers three areas that can be adjusted to fit the needs of an individual who meets the definition within the Act.
