What are the prohibited conduct/behaviour?

The following conduct/behaviour is prohibited under this Policy:

• Direct discrimination

Occurs where a person is treated less favourably than another because  of his/her disability.

• Indirect discrimination

Occurs where a provision, criterion or practice is applied that is discriminatory in relation to individuals who have a particular disability such that it would be to the detriment of people who share that particular disability compared with people  who do not, and it cannot be shown to be a proportionate means of achieving a legitimate aim.

• Discrimination arising from disability

Occurs where an individual has been treated unfavourably because of something arising in consequence of a disability (this is a new form of disability under the Equality Act 2010 and it replaces disability-related discrimination under the Disability Discrimination Act 1995. Under this form of disability, there is no need for a comparator and the reason for the discrimination is irrelevant).

• Associative discrimination

Occurs where an individual is directly discriminated against or harassed for association with another individual who has a disability.

• Perceptive discrimination

Occurs where an individual is directly discriminated against or harassed based on a perception that he or she has a disability, whether or not he or she does in fact have a disability.

• Harassment

Occurs where there is unwanted conduct related to the protected characteristic of disability that has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment

• Third party harassment

Occurs where a member of staff or student is harassed because of a disability by third parties such as customers or clients. For the University to be liable, the harassment must have occurred on at least two previous occasions, although not necessarily by the same harasser or suffering the same type of harassment. To be liable, the University must have been aware that it took place and failed to take reasonable steps to prevent its reoccurrence.

• Victimisation

Occurs where a disabled person is subjected to a detriment because he or she made or supported a complaint or raised a grievance under the Act or because he or she is suspected of doing so.