Red Tape Challenge: Equality Act 2010

Posted Wednesday 20 April 2011

As part of the its plans to abolish red tape, the Government is looking at the Equality Act and have asked people to comment on whether the Equality Act 2010 should be entirely scrapped. Apart from the question itself being misleading, critical comments posted on the site show that we are still a long way from creating a level playing field for people with disabilities.

The Equality Act is an essential piece of primary legislation which brings together legal duties aimed at preventing discrimination – on grounds of sex, race and disability as well as many other ‘protected characteristics’.

Some of these provisions have been part of UK law for over 40 years. As a fair society we must safeguard it to ensure equality for all. We are committed to doing so under the EU Equal Treatment Directive 2000/78 and under the UN Convention on the Rights of Persons with Disabilities.

The Act was passed by parliament in April 2010 with extensive cross-party support, after extensive debate. In asking the question whether the Act should simply be ‘scrapped altogether’, the website is seriously misleading, as our obligations under EU and international law mean that it cannot be repealed or substantively changed in such an informal way.

Happily, many people who have commented so far  share our view.

However, some of the critical responses on the Government’s website show the prejudices that disabled people still face. The Equality Act’s attempts to take those last few steps towards a level playing field for all – like identifying occasions when positive discrimination may be appropriate – are being attacked.

But critics overlook the fundamental safeguards in the Act – so just as a man should be appointed ahead of a less well qualified woman, a disabled applicant should only succeed if no non-disabled candidate is better suited to the role.

The fact is that currently there is no level playing field, as fewer than 4 in 10 employers would take on someone with a mental health problem and 40 per cent view workers with mental ill health as a significant risk.

We are proud of the Equality Act’s measures to help make sure that disabled job applicants have a better chance of being selected on merit. This includes the new restrictions on the use of pre-employment health questionnaires, which were previously used to screen out people with hidden disabilities during recruitment.

Mind will fight to ensure all these crucial protections remain in place - please help us by adding your comments to the Red Tape Challenge website.

The Equality Act must stay as it is and should be regarded as a positive step in outlawing discrimination and ensuring equality for all.

Pauline Dall, Head of Legal

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6 Comments

• Paul replied on 21 Apr 2011 at 12:06

  I personally would scrap all these disability and equality laws. They have made our lives worse in many ways.

  These laws have kept numerous non sufferers in jobs including lawyers mental health awareness jobs and others and have allowed the attack on sickness benefits, housing discrimination and mental health act to be imposed on us.

  The equality laws are almost worthless rarely enforced and often used against people
  I personally have experience of the DDA through a major employment tribunal where collusion was the order of the day and which I had very little choice but to represent myself with the help of a friend. I was paranoid before and that experience has made me even more so

  Scrap all disclosure, now it is everyman for himself, That would soon change the tune of all the individuals that are making our lives a misery with welfare reform. The cries would come from many of our so called supporters, They would not give a monkeys about equality.

• Mindreader replied on 21 Apr 2011 at 16:38

  Equality is a joke, there is a massive state sanctioned attack on disabled, sick and mad people. The WCA continues despite the fact that everyone knows it's a fixed outcome. Jobcentres have sanctions as a target, and support offered by services is being cut off at the knees. None of this should be legal let alone discriminatory or against any notion of 'equality'. We have the most unequal society now, the gaps are widening, and it's a bit like that famous poem:
  http://en.wikipedia.org/wiki/First_they_came%E2%80%A6
  there will be no significant public outcry until it impacts on more people. The Eton boys will never need social services

• Phil replied on 24 Apr 2011 at 18:26

  The worst part of all of the acts aimed at helping those described as disabled continue to be inadequate. I have been in full time employment for the past 11 years and live with a mental health condition. Many times I have felt down heartened when my mental health condition requires time off work. When applying for posts and have all the criteria - do I even get an interview - NO. Equality is a joke for those affected by illness and disability and something has to be done to improve equal rights. Even the Disability Discrimination Act is a farce when brick walls are placed in the way. The government wants those on long-term benefits to get back into work so why do I still feel my mental health condition holds me back and I work full time. What exacerbates mental ill health in the UK is a lack of understanding which enhances discrimination. And people wonder why those affected commit suicide - it is often NOT the condition but societys reaction to it.

• Mindreader replied on 25 Apr 2011 at 19:43

  Spot on Phil - and then disabled people even speaking of suicide is denigrated as manipulative, even that is derided.
  I think there is a desire to make a whole section of low grade manual jobs 'voluntary' with cuts to the public sector, then those relocated from IB to JSA will become that unpaid workforce and kept there through sanctions and discrimination, and that will hailed as a great recovery success.

• Paul replied on 27 Apr 2011 at 17:17

  http://www.dwp.gov.uk/newsroom/press-releases/2011/apr-2011/dwp043-11.shtml
  Latest ESA statistics. I do not understand why so few challenge these statistics. The drop out rate is propaghanda of the highest order.

  As for equality, that will be means tested job seekers allowance and Workfare for almost all unemployed, sick and disabled within a couple of years.

  (Universal Credit) will be the new name for all at one benefit rate.(JSA rates and conditions)

  Grayling the DWP minister spins out propaghanda on a regular basis to promote the hatred in the wider society. So many in this country jump on the bandwagon to support the policies.

  However it will not be long now in my view for the the economy to go into a major recession again. Many of those that have kicked us will be jobless themselves and perhaps become ill.

  They will have plenty of time to reflect and experience fear and scapegoating. Unfortunately it will be the end of the welfare state.

• Linda replied on 28 Apr 2011 at 16:04

  I see the daily express is at it again branding benefit claimants 'fiddlers'.
  I wonder at the amazing intellect of these 'journalists' who have to find another cliched phrase to follow 'workshy' 'scroungers' and 'spongers'.

  This media vindication has been going on unabated for nearly a year now and the only reason they can keep it up is because no one stands up for us or our voices are deliberately silenced.

  I would write an article myself for that newspaper if given the chance but that is the problem isn't it? Who will publish it?

  I wonder what these hacks do all day, I mean it can't take them long to come up with the lying trash they spew out hoping that the public will swallow it. Probably three hour lunch breaks at the wine bar trying to think of another original word to describe us low lives on benefits.