This page summarises employment rights under the Equality Act 2010. You have these rights if your stammer is a "disability" as defined, or in some cases if you are perceived to have a disability.
Link to BSA website:
- BSA's Employment page
has guidance on matters beyond your legal rights.
How far is employment covered?
- Practically anything to do with employment is covered by the Equality Act, including recruitment, promotion, transfers, dismissals, redundancy, training or other benefits, or subjecting a person to any other detriment. (EqA s.39)
- Victimisation for getting involved in a claim is also covered.
What are the rules on recruitment and promotion?
- There is a right to reasonable adjustments to the recruitment process.
- Turning down a job applicant for a discriminatory reason can also be unlawful.
- See Employment: Recruitment and promotion.
Does it affect my rights if I don't mention the stammer?
How can the 'Disability Confident' scheme help?
- Employers who have signed up to level 2 of the Disability Confident scheme guarantee disabled people an interview if they meet the minimum job criteria.
- Disability Confident replaces the 'Two ticks' or disability symbol scheme which also offered a guaranteed interview.
- See 'Disability confident' and guaranteed interviews.
Can a potential employer ask about my stammer?
- The Equality Act 2010 introduced restrictions on how far an employer can ask about an applicant's health or disability before a job offer.
- See Pre-employment enquiries.
Does stammering mean I can't do some jobs?
How can the Equality Act apply when I have a job?
- Regrettably there is still sometimes bullying or harassment of people who stammer in the workplace. This is unlawful under the Equality Act.
- Also the right to reasonable adjustments can be important to help deal with any difficulties related to the stammer.
- See Employment: In the job.
What about losing one's job?
- As well as the Equality Act, other types of claim - particularly unfair dismissal - can be important here.
- See Losing one's job.
Are there any cases on stammering?
Are there any exclusions from the Equality Act?
- Service in the armed forces is excluded.
- Volunteers are only covered in limited circumstances.
- An old exclusion for small employers was abolished in 2004.
- There must be sufficient link with Great Britain (England, Wales and Scotland). Separate legislation applies to Northern Ireland.
What if I am not employed by the person?
- Some self-employed people, contract workers and many others have rights under the Equality Act.
- There are also rights against people who are not employers, such as trade unions, professional organsations and bodies responsible for professional exams..
- See What if I am not employed by the person?
What happens if I've been discriminated against?
- You can call or email the Equality and Human Rights Commission helpline, and there are other Sources of help and advice.
- It may be possible to use an employer's internal procedures, ACAS conciliation, or more informal means to settle a dispute. Otherwise there is the possibility of going to an employment tribunal. See Resolving disputes.
- The main remedy for breach of the Equality Act is compensation. A tribunal can also make recommendations. See Remedies.
Can a disabled person be treated more favourably?
- It is permitted to treat disabled people more favourably than non-disabled.
- However it may be unlawful to favour one disability over another, unless an exception applies, such as 'positive action'.
- See Can a disabled person be treated more favourably?
Is the Disability Discrimination Act 1995 (DDA) still relevant?
- The DDA no longer applies to employment. The Equality Act 2010 replaced it as from October 2010.
- However, cases on the DDA are still very important in interpreting the similar provisions in the Equality Act.
What further information is there?
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Last updated 3rd August, 2012