What will the Worker Protection (Amendment of Equality Act 2010) Act 2023 include? The Worker Protection (Amendment of Equality Act 2010) Act 2023 received Royal Assent on 26th October 2023 and is due to come into force in October 2024. The legislation...
A claim for discrimination arising from a disability can be brought when an individual is treated less favourably because of something arising out of their disability. This could include, for example, instances where customers have been denied a service because they cannot access it in the standard way that a person without a disability would.
A business or organisation may have a defence to such a claim if it can objectively justify their actions by demonstrating that their actions were proportionate (i.e. there is no reasonable alternative),and were taken in order to achieve a legitimate aim, (e.g. genuine health and safety reasons).
In order to utilise this defence, an employer has to show clear evidence that it had conducted a balancing exercise between it’s business needs and the discriminatory effect upon the individual and had given consideration to alternatives that might achieve the same result without being disadvantageous to the user.