Disability Discrimination At Work
Many disabled people are unsure of their rights at work and what help their employer is obliged to give them. We always hope the information on our website is helpful, but we are aware that the best assistance is to discuss your problem with a fully qualified disability discrimination solicitor. If you would like a free consultation with one of the team at Lincs Law Employment Solicitors, please use the contact form, engage in a web chat, email contactus@lincslaw.com or call us on 01522 440512 and we’ll be happy to help.
At Lincs Law Employment Solicitors we frequently receive enquiries from disabled employees and workers suffering discrimination at work. Recent studies have identified that almost half of disabled people in employment consider they have suffered in the workplace because of their disability. From the information our clients provide, we suspect the reported incidents only touch the surface of widespread discrimination against disabled people.
What Is A Disability?
The Equality Act 2010 states that a disability is a ‘physical or mental impairment which has a substantial and long term adverse effect on [the disabled person’s] ability to carry out normal day to day activities’.
Substantial means something more than a minor impact or inconvenience. The Employment Tribunal are aware that medical impairments can fluctuate. Symptoms may come and go completely or increase and decrease in their severity. The Employment Tribunal are also aware that people with medical impairments may have their symptoms alleviated through medication or, indeed, through their own coping strategies. The ability of a disabled person to cope with a medical impairment does not mean that the impact upon them is not substantial.
The medical impairment also has to be long term, which means the effects must have lasted (or be likely to last) for at least 12 months.
The reference to day to day activities refers to normal everyday activities. The Employment Tribunal have considered activities such as using a computer, writing, mobility, driving etc to be day to day activities.
There are some conditions, such as cancer, where the person is automatically considered to be disabled and entitled to protection. This is even if the effects of that person’s condition are not yet substantial in their impact on day to day activates. The fact of the diagnosis is sufficient for the person to be considered a disabled for the purposes of the Equality Act 2010 and disability discrimination protection.
Who Is Protected From Disability Discrimination?
In the employment sphere employees, workers, job applicants, trainees, Company Directors etc are protected from disability discrimination by their employer. All aspects of the relationship are covered. For example, an employee who is discriminated against in the recruitment process would be able to bring a claim against their prospective employer even if they never worked a day for that business.
How Do You Know If You Have Suffered Disability Discrimination?
The Equality Act 2010 sets out various ways in which an employer’s treatment of a disabled person (or a person the employer believes is disabled) is unlawful and could give rise to a disability discrimination claim at the Employment Tribunal. Briefly, it is likely you have suffered disability discrimination if any of the following have occurred:
Direct Disability Discrimination
This is where you have been treated less favourably because of your disability than someone without your disability would have been treated. For example, if an employee with a disability was refused training because of their disability.
Indirect Disability Discrimination
This is where the employer has a policy, procedure or similar which appears to apply to everyone but has a detrimental impact upon someone with a disability. For example, giving a written test to all applicants for a position may have a detrimental impact upon people with dyslexia.
Failure To Make Reasonable Adjustments
The employer has an obligation to make reasonable adjustments to assist disabled people overcome disadvantages they suffer because of their disability. Taking our example above, if the employer believed it necessary to test all applicants for a position, they should have considered what reasonable adjustments (for example software, additional time etc) should be made to remove the disadvantage suffered by dyslexic candidates.
Discrimination Arising From A Disability
This is where a disabled person is treated unfavourably because of something related to their disability. For example, if they are off work for an increased period of time due to ill health as a consequence of their disability and are dismissed. This could be discrimination arising from a disability.
Harassment Due To Disability
This is where a disabled person suffers unwanted conduct which causes a distressing, humiliating or offensive environment for them. Situations such as jokes about someone’s disability which causes them distress, comments about time they take attending medical appointments etc.
Victimisation
This is where an employee raises a disability discrimination complaint or supports another person doing so and suffers a “detriment” as a consequence. A detriment could be a reduction in hours, a refusal to give a pay rise, a lost promotion opportunity, indeed anything which has a negative impact on that person’s work or employment.
Suffering Disability Discrimination? What Action Should You Take?
The Employment Tribunal will expect you to raise your concerns with your employer. This will usually be done through your employer’s grievance procedure. Please see the information available on this website about how to raise a grievance https://lincslaw.co.uk/blog/need-to-send-a-grievance-or-complaint-to-your-employer/ Any evidence you can gather to assist in your grievance will be extremely helpful. If the matter can be resolved at that stage, then all to the good.
If your employer continues to discriminate against you because of your disability, you may have to consider submitting a claim to the Employment Tribunal. In order to do so, you will first need to begin a process called ACAS Early Conciliation. This is a compulsory procedure where an ACAS conciliator acts as a go between to try and resolve the dispute.
What Are The Time Limits For Disability Discrimination Claims?
You will need to begin the ACAS Early Conciliation process within three months less one day from the last act of discrimination. The time limit for submitting your Employment Tribunal claim will depend upon the dates of your ACAS Early Conciliation. However, it is important that you begin the ACAS Early Conciliation process within the three-month deadline as to fail to do so may render your claim out of time.
For more information about ACAS Early Conciliation, please visit our website at https://lincslaw.co.uk/blog/acas-early-conciliation-what-is-it-all-about/
Let Lincs Law Employment Solicitors Help You
If you are suffering disability discrimination at work, and would like a free, no obligation, telephone consultation with a disability discrimination solicitor, please use the contact form, engage in a web chat, email contactus@lincslaw.com or call us on 01522 440512 and we’ll be happy to help
Please get in touch, we would like to help you just as we helped our clients below:-
Review from Disability Discrimination client for Lucy Stones, Associate, Specialist Employment Solicitor
“I was encountering difficulties at work and I believed it was in relation to my disability. Lucy allowed me to explain to her, in my own time, exactly what had happened. She listened to the events and what my concerns were. Once I had finished explaining everything to her, she then provided me with clear advice on what to do next and what my chances were should I bring a claim forward. Lucy really helped me. I couldn’t have done it without her.”
Review from Unfair Dismissal and Disability Discrimination client for Sophie Goodwill, Director, Specialist Employment Solicitor
“I initially made an appointment with Sophie as I felt incidents beyond my control caused my dismissal. During the initial consultation, Sophie gave me reassurance that this was most likely correct. She took extensive notes and guided me on the next steps to take in appealing the dismissal. After the appeal was upheld, she provided advice on how to move forward with this through ACAS Conciliation and lodging a Disability Discrimination claim with the Employment Tribunal. At all steps, throughout the distressing formal process, Sophie provided guidance and reassurance that a positive outcome was most likely.
There was nothing she could have done better. A professional advocate, who genuinely cares about her clients”.