Women and Equalities written question – answered at on 26 July 2018.
To ask Her Majesty's Government whether consideration has been given to amending the Equality Act 2010 so that employees who experience one off or recurring health conditions lasting less than 12 months are protected by that Act’s provisions.
The Equality Act 2010 provides protection from discrimination for those that meet the definition of one or more of the protected characteristics covered by the Act and this includes conditions that might last less than 12 months but are likely to recur.
We recognise that there are concerns that the protections offered by the Act may not be available to people with fluctuating mental health conditions, and this is one of the issues the Government is considering in its work on extending protection for those with mental health disorders.
However, the Act is intended to provide protections from discrimination for employees who qualify as disabled, rather than general employment protection for those who experience episodes of ill health.
A number of important statutory employment rights already apply to all workers as soon as they start work or once they have passed a qualifying period, including protection against unlawful deductions from wages and against unfair dismissal. This includes protection from unlawful sanctions by employers for legitimate sickness absences.
Amending the Act in the way raised in the Question would therefore risk duplicating these existing protections, as well as significantly increasing the scope of the Act beyond its protection of disability.
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