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equalitytalk.org.uk

How Equality Act 2010 applies to adult communication impairments in Britain

  1. Introduction
  2. Disability
  3. Discrimination
  4. Employment
  5. Services
  6. Education
  7. Advice & links

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Communications Forum.
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Guidance and Codes of Practice

The Equality and Human Rights Commission and other bodies have issued guidance on the Equality Act 2010.

Non-statutory guidance

Statutory guidance and Codes of Practice (see below) are often detailed and fairly technical. 'Non-statutory' guidance on the Equality Act aims to give accessible information for lay people. The main places where you can find this guidance are:

Statutory Guidance and Codes of Practice

Statutory guidance and Codes of Practice are issued under powers given in the legislation. They are not authoritative statements of law. The courts are not bound by them. However, legislation says that courts and tribunals must take them into account, where relevant. See further below About Statutory Guidance and Codes of Practice. The following are links to Equality Act statutory guidance and codes:

Guidance on definition of disability

Employment Code of Practice

Services etc Code of Practice

Older Codes of Practice

It seems that previous statutory Codes of Practice on the Disability Discrimination Act 1995 remain in force until revoked.

Non statutory codes

It was announced in 2012 that further statutory Codes of Practice will not be issued for the time being. The Equality and Human Rights Commission will instead issue further codes as 'non statutory codes'. Like 'non-statutory guidance' (above), non-statutory codes are not provided for in legislation. However, they will probably look like statutory Codes of Practice, and so be quite detailed.

About Statutory Guidance and Codes of Practice

The Statutory Guidance on definition of disability, and statutory Codes of Practice on employment, and provision of services, are not authoritative statements of law. The courts are not bound by them. However, legislation says that the courts and tribunals must take them into account where relevant.

In one House of Lords case it was said that statutory guidance "has, of course, to be taken seriously into account when it deals with the factual matters which are relevant to the application of the legal tests." However, the House of Lords saw interpretation of the statute as a matter for the judges, and in that case departed from the interpretation given in the guidance: SCA Packaging v Boyle (link to stammeringlaw.org.uk).