I was delighted to represent my client in their disability discrimination claim. Read on for more information about my client’s story.
What Is Disability Discrimination In Employment?
The Equality Act 2010 protects individuals within the field of employment, occupation and vocational training against disability discrimination, harassment and victimisation.
If an employee discriminates against or harasses another, the employer will be liable unless it has taken reasonable steps to prevent such conduct from taking place. The offending employee may also be liable.
Under the Equality Act 2010, it is unlawful for an employer to:
- Discriminate directly by treating a job applicant or employee less favourably than others because of disability.
- Discriminate by treating a job applicant or employee unfavourably because of something arising in consequence of disability without objective justification.
- Discriminate indirectly by applying a provision, criterion or practice that disadvantages job applicants or employees with a shared disability without objective justification.
- Fail to comply with its duty to make reasonable adjustments where a disabled job applicant or employee is placed at a substantial disadvantage.
- Subject a job applicant or employee to harassment related to disability.
- Victimise a job applicant or employee because they have made or intend to make a disability discrimination complaint under the Equality Act 2010, or because they have done or intend to do other things in connection with the Act.
- Ask job applicants pre-employment health questions other than for a prescribed reason.
In a successful disability discrimination claim, an employment tribunal can:
- Award compensation for any financial loss and a sum for injury to feelings.
- Make a declaration as to the parties’ rights and/or make an appropriate recommendation.
My Client’s Story
My client suffers with diabetes and a neurological condition which affects their speech and balance and causes them to be slower at processing information. Nevertheless, they had been able to perform their job role; a role they had been in for many years, without difficulty. However, my client worked different shift patterns and this began to affect their ability to manage their diabetes. They requested regular shifts and regular breaks. My client also suffered harassment from a colleague over a number of years. This harassment including name calling, undermining my client’s authority and intimidating them, among many other things. My client tried to remain positive and hoped things would improve but eventually they had no alternative but to raise a formal grievance.
How I Helped
At the point of our initial consultation, my client had gone through the grievance process. None of their grievances were upheld, including on appeal. They were now off work due to work-related stress and anxiety. They were at a loss to know what to do next. As some of my client’s grievance points had not been addressed and other incidents had subsequently occurred I drafted a fresh grievance for my client. I also commenced the ACAS Early Conciliation process having identified that my client had disability discrimination claims. The employer was not willing to engage in any settlement discussions at that time. My client remained off sick. They were not supported back to work and their grievances remained unresolved. My client’s mental health deteriorated significantly.
I submitted claims to the Employment Tribunal for Discrimination Arising from Disability, Failure to Make Reasonable Adjustments, Harassment and Victimisation. I supported and represented my client throughout the Employment Tribunal process. This was difficult and challenging for my client at times but they remained determined to present their case to the Employment Tribunal. Attempts had been made to settle the case by both parties and at the point of the final hearing, my client was offered and accepted a significant financial settlement. An important part of the settlement was that my client’s employment would terminate, allowing them to end the employment relationship and move on.
What My Client Said
When I first met Kathryn she put me at ease straight away. Gave expert advice throughout, treated me with dignity and respect, always listened to my concerns. Kathryn you have been our back bone, from communication, paperwork and kindness and respect that you and your team have shown us. We would like to congratulate you all for a fantastic achievement against a big company.
Lincs Law Employment Solicitors Can Help You
If you would like advice on your own situation please contact us for a free enquiry on 01522 440512 or via the web chat or contact form on our website at www.lincslaw.co.uk.
Kathryn Bolton
Associate
Specialist Employment Solicitor
Lincs Law Employment Solicitors
Tags: disability discrimination disability discrimination claim discrimination arising Harassment kathryn bolton lincs law employment solicitors reasonable adjustments specialist employment solicitor