Equality Act 2010 — UK Accessibility Law

In this tutorial, you will learn about Equality Act 2010. We cover key concepts, practical examples, and best practices to help you master this topic.

The Equality Act 2010 prohibits discrimination against people with disabilities in the provision of services, including websites and mobile apps, with the UK government recommending WCAG 2.2 Level AA as the Compliance standard.

What You'll Learn

You will learn how the Equality Act 2010 applies to digital Accessibility, who must comply, what the requirements are, and how the UK Public Sector Bodies Accessibility Regulations add additional requirements.

Why It Matters

The Equality Act applies to any organization providing services in the UK. Unlimited fines in civil courts make non-compliance a significant financial risk.

Real-World Use

DodaTech's UK customers include government agencies that require compliance with both the Equality Act and the Public Sector Bodies Accessibility Regulations. Durga Antivirus Pro's WCAG 2.2 AA compliance meets these requirements.

flowchart TD
  A[Equality Act 2010] --> B[Applies to]
  A --> C[Requirements]
  A --> D[Enforcement]
  A --> E[Public Sector Regulations]
  B --> F[Service providers in UK]
  B --> G[Public sector bodies]
  C --> H[No discriminatory practices]
  C --> I[Reasonable adjustments]
  C --> J[WCAG 2.2 AA recommended]
  D --> K[County court claims]
  D --> L[Unlimited fines]
  E --> M[WCAG 2.2 AA required]
  E --> N[Accessibility statement]
  E --> O[Audit and monitoring]

What Is the Equality Act 2010?

The Equality Act 2010 consolidates previous UK anti-discrimination laws. It prohibits discrimination based on protected characteristics including disability. Part 3 covers the provision of services.

How It Applies to Websites

Website accessibility falls under the service provision provisions. If your website makes it impossible or unreasonably difficult for a person with a disability to use your service, you may be in breach of the Act.

Who Must Comply

Any organization providing goods, facilities, or services to the public in the UK. This includes private sector companies, public sector bodies, and non-profit organizations.

Public Sector Bodies Accessibility Regulations 2018

Public sector bodies have additional requirements under the 2018 regulations: websites must meet WCAG 2.2 AA, an accessibility statement must be published, a feedback mechanism must be provided, and compliance must be monitored.

function checkUKCompliance(sector, hasUKPresence) {
  const requirements = [];
  if (!hasUKPresence) return ['Equality Act may not apply'];

  requirements.push('Equality Act 2010 compliance');
  requirements.push('Reasonable adjustments for disabled users');

  if (sector === 'public') {
    requirements.push('WCAG 2.2 AA mandatory');
    requirements.push('Published accessibility statement');
    requirements.push('Feedback mechanism for users');
    requirements.push('Annual compliance monitoring');
  }

  return requirements;
}

console.log(checkUKCompliance('public', true));

Expected output:

['Equality Act 2010 compliance', 'Reasonable adjustments for disabled users', 'WCAG 2.2 AA mandatory', 'Published accessibility statement', 'Feedback mechanism for users', 'Annual compliance monitoring']

What Constitutes a Breach

A service provider discriminates if it treats a disabled person unfavorably because of something arising from their disability, fails to make reasonable adjustments, or applies a practice that puts disabled people at a substantial disadvantage.

Penalties

Unlimited fines in civil court. Claims are brought to county court. The Equality and Human Rights Commission (EHRC) can investigate and enforce.

Common Mistakes

1. Confusing Equality Act with EU Regulations

The Equality Act is UK law and applies regardless of Brexit. EU regulations no longer apply to the UK.

2. Assuming Only Public Sector Must Comply

The Equality Act applies to all service providers, not just public sector. Private companies are equally liable.

3. Not Making Reasonable Adjustments

The duty to make reasonable adjustments is anticipatory. You should anticipate barriers and remove them proactively.

4. Ignoring Mobile Apps

The Equality Act covers all service delivery channels including mobile apps.

5. Not Having an Accessibility Statement

Public sector websites require an accessibility statement. Private sector websites benefit from one even if not legally required.

6. Forgetting the Public Sector Regulations

Public sector bodies have additional requirements beyond the Equality Act. WCAG 2.2 AA is mandatory for them.

7. Not Monitoring Ongoing Compliance

One-time fixes do not meet the anticipatory nature of the duty. Ongoing monitoring is required.

Practice Questions

1. What law governs digital accessibility in the UK?

The Equality Act 2010, with the Public Sector Bodies Accessibility Regulations 2018 for public sector.

2. What WCAG standard does the UK government recommend?

WCAG 2.2 Level AA for public sector bodies. Recommended for private sector as well.

3. What are the penalties for Equality Act violations?

Unlimited fines in civil court. EHRC can investigate and enforce.

4. What does reasonable adjustments mean in the context of web accessibility?

Proactively removing barriers that would put disabled users at a substantial disadvantage compared to non-disabled users.

5. Challenge: Review a UK public sector website for compliance with the Public Sector Bodies Accessibility Regulations. Check for an accessibility statement, WCAG compliance, and feedback mechanism.

FAQ

Mini Project

Create an Equality Act compliance checklist for a UK-based e-commerce website. Include reasonable adjustments, WCAG compliance, and accessibility statement requirements. Estimate the effort for each item.

What's Next

Learn about the DDA (Disability Discrimination Act) in Australia. Then explore JIS X 8341 in Japan.