Justice Hub
For too long, disabled people have not enjoyed our rights to equality and non-discrimination. Even when rights exist in law, the routes to justice available to others are often inaccessible, unclear, or denied to us.
The Justice Hub exists to help disabled people – and those supporting us – understand our rights and navigate routes to justice. It provides information, guidance and signposting to support you to take action, whether that is through complaints, advocacy, or legal routes.
Important note:
Inclusion Scotland cannot provide legal advice or respond to individual legal enquiries. The information in the Justice Hub is designed to help you understand your options, find organisations that can help, and support you to take action yourself.
Disabled People’s Rights
Disabled people have the right to be treated equally and not to be discriminated against. Equality does not always mean being treated exactly the same as everyone else – it can mean being treated differently in order to achieve the same outcome.
This includes:
- Accessing employment, even if the application or interview process needs to be different
- Not being denied services
- Not being harassed or victimised because you are disabled
- Not being treated unfairly because you have raised an issue
These rights are protected under the Equality Act.
The Equality Act defines disability as a physical or mental impairment that has a substantial, long-term adverse effect on your ability to carry out normal day-to-day activities.
- Physical or mental impairment includes sensory impairments and learning disabilities
- You do not need a medical diagnosis - the focus is on the effect, not the cause
- Substantial means more than minor or trivial
- Long-term means lasting, or likely to last, more than 12 months
- Some conditions, such as cancer, HIV and motor neurone disease, are automatically covered
Normal day-to-day activities include things most people do, such as communicating, working, learning, preparing food, and using transport.
You can find detailed guidance on disability discrimination from the Equality and Human Rights Commission (EHRC).
What does the law cover?
The Equality Act protects disabled people from:
- Discrimination
- Harassment
- Victimisation
Discrimination does not have to be intentional to be unlawful.
There are six types of discrimination under the law:
Direct discrimination
Being treated worse than a non-disabled person because you are disabled.
Indirect discrimination
When a rule, policy or practice applies to everyone but disadvantages disabled people or example, only accepting online job applications when this is inaccessible.
Failure to make reasonable adjustments
Employers and organisations must make reasonable changes so disabled people can access services, education and work on equal basis. This might include alternative formats, extra time, physical changes to buildings, or other reasonable alternatives.
Discrimination arising from disability
Being treated unfairly because of something linked to your impairment – such as being refused service because you have an assistance dog.
Harassment
Unwanted behaviour such as name-calling, humiliation or lack of respect.
Victimisation
Being treated badly because you raised a complaint or supported someone else to do so.
What can you do?
There are many ways to take action. Any step you take could help remove barriers for other disabled people as well as yourself. It is unlawful for an organisation to make things worse for you because you have taken action.
You could choose to:
Tell them what's wrong
- Explain your needs to the employer or service provider.
Make a complaint
- Public services and organisations should have accessible complaints processes.
Contact an Ombudsman
- Ombuds organisations exist to ensure public services and employers treat people fairly.
Use an advocay or advice service
- They may support you directly or help refer your case to a legal organisation.
Seek legal advice
- You can speak to a lawyer directly and may be eligible for Legal Aid
Contact your elected representative
- This could be your Councillor, MSP or MP.
Use your voice publicly
- You might choose to speak out via the media or social media, being aware this can attract public responses.
Complaints or legal action?
There are important differences between complaints and legal action.
Making a complaint
- Can relate to one or multiple incidents
- Is free and can be done at any time
- May result in an apology, explanation or commitment to change
Taking legal action
- Must relate to a specific unlawful incident
- Has strict time limits – act as soon as possible
- May result in orders to change behaviour or compensation
- May involve costs, though Legal Aid may be available
Acknowledgements
Inclusion Scotland would like to thank:
- Inclusion London for inspiration and support in developing the Justice Hub
- JustRight Scotland for running the Scottish Just Law Centre, which helps people use equalities and human rights law as a tool for change