Creating a fairer Britain
The legal team in Scotland work to meet our mandate to protect individuals from discrimination and to enforce equality and human rights laws.
We do this through funding strategic equality cases, (and those human rights cases with a discrimination component), by using our enforcement powers and by raising awareness of the law through training events, writing articles and through our Equality Law Bulletin.
The Equality Act is the most significant piece of equality legislation for many years. It simplifies, streamlines and strengthens the law. It gives individuals greater protection from unfair discrimination and makes it easier for employers and companies to understand their responsibilities. It also sets a new standard for those who provide public services to treat everyone, with dignity and respect.
CODES OF PRACTICE
In line with our statutory powers, we have produced Codes of Practice on Employment, Services and Equal Pay. The main purpose of the Codes of Practice is to provide detailed explanations of the provisions in the Act and to apply legal concepts in the Act to everyday situations. This will assist courts and tribunals when interpreting the law and help lawyers, advisers, trades union representatives, human resources departments and others who need to apply the law. As with the Act, the Codes apply to England, Scotland and Wales.
The Codes set out clearly and precisely what the legislation means. They draw on precedent and case law and explain the implications of every clause in technical terms. These statutory codes are the authoritative source of advice for anyone who wants a rigorous analysis of the legislation's detail. For lawyers, advocates and human resources experts in particular, they will be invaluable. These Codes of Practice became law on 6 April 2011 and are available here.
Auxiliary Aids Technical Guidance
Schools and education authorities have had a duty to provide reasonable adjustments for disabled pupils since 2002 (originally under the Disability Discrimination Act 1995 (the DDA) and, from October 2010, under the Equality Act 2010). From 1 September 2012 the reasonable adjustments duty for schools and education authorities includes a duty to provide auxiliary aids and services for disabled pupils.
This guide will help school leaders and education authorities understand and comply with the reasonable adjustments duty, including the new auxiliary aids and services provision. It will also help disabled pupils and their parents understand the duty.
The focus of this guide is on the practical implementation of the reasonable adjustments duty in schools. It includes practical case studies showing how the duty can be applied in contexts which will be familiar to teachers.