Definition of disability under the Equality Act 2010, a person has a disability if s/he has a physical or mental impairment which has a substantial and long-term adverse effect on his/her ability to carry out normal day-to-day activities.
The following actions by an employer are unlawful under the Equality Act 2010:
Direct discrimination: treating a disabled person less favourably than other employees. e.g. if an employer gives a bonus to all workers other than the worker with a neurodiverse profile such as someone with Dyslexia or Autism.
Indirect discrimination: applying a provision, criterion or practice that is discriminatory in relation to an employee’s condition. i.e. a provision that it does not apply to someone without ND employees, or which puts ND employees at a particular disadvantage, and is not a proportionate means of achieving a legitimate aim. e.g. if a promotion application process includes a social skills test that is irrelevant to the job being applied for and disadvantages someone with a communication disorder.
Discrimination arising from disability: treating an employee unfavourably because of something arising in consequence of that employee’s disability, and cannot show that the treatment is a proportionate means of achieving a legitimate aim. e.g. if an employer dismissed a dyslexic worker because of spelling errors in reports, even though s/he performed adequately in his/her job in general.
Harassment: engaging in unwanted conduct related to the worker’s autism which had the effect of violating that person’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for the autistic worker. e.g. making ‘jokes’ about autism, or imitating an autistic worker in a derogatory fashion.
The Equality Act 2010 also requires employers to consider and, where appropriate, implement reasonable adjustments: changes to the way things are done in the workplace to remove any physical barriers or provide extra support to employees and applicants with disabilities.
What is ‘reasonable’ will depend on all the circumstances of each individual case and in the context of the job setting.
Not making ‘reasonable’ adjustments is unlawful.
Useful video :http://www.disabilityatwork.co.uk/video/