Question

To ask the Minister for Women and Equalities, what assessment she has made of the potential merits of recognising (a) mental health conditions and (b) learning difficulties as distinct protected characteristics.

The Government is fully committed to the Equality Act 2010 (the Act), and to championing the rights of individuals with mental health issues and learning difficulties who are afforded protection in relation to the protected characteristic of disability, where their condition meets the Act’s definition of disability.

The Act defines disability as a physical or mental impairment that has a substantial and long-term negative effect on a person’s ability to do normal daily activities.

The Act makes it clear that businesses and public bodies that provide goods and services must not unlawfully discriminate against disabled people, including those who may not have physical disabilities.

The Act places an anticipatory duty on service providers to make reasonable adjustments to improve access to premises, buildings and services. The Act is clear that the failure by a service provider to make reasonable adjustments for a disabled person could amount to disability discrimination.

Similar strong protections apply in employment, where a reasonable adjustment applies where an employer is recruiting or already employing disabled people. Failure to make adjustments or generally treating disabled applicants or employees less favourably than others would amount to unlawful disability discrimination. Where the law is breached, disabled people may enforce their rights in court or at an employment tribunal.