Equality Act 2010

The Equality Act 2010 was introduced in October 2010 and replaces the previous Disability Discrimination Act 2005 (DDA 2005).

It is a law designed to end discrimination of all kinds. The act builds on earlier discrimination laws and applies to all employers, education and training providers and everyone who provides a service to the public.

The Disability Discrimination Act defines disability as 'a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities'. If you can show that you come within this definition you will have the protection of the act.

For the purposes of the act:

• Substantial means neither minor nor trivial
• Long-term means that the effect of the impairment has lasted or is likely to last for at least 12 months
• Normal day-to-day activities include everyday things like eating, washing, walking and going shopping

The new act now protects the following people:

• Those who used to have a disability
• Those who are associated with someone with a disability (e.g, carers)
• Those who are wrongly perceived as being disabled

Only the courts can say if a particular individual is defined as disabled under the legislation, but the aim of the act is to be as broad as possible.

People with a severe brain injury who have long-term disabilities as a result should be covered by the Equality Act. As the impairment must last 12 months or more, it may be more difficult for people with a minor head injury to prove that the Equality Act applies to them. However, that doesn't mean that they should be discriminated against.