Disability Discrimination

If an employee or job applicant suffers from a physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities then they may qualify for protection under the Disability Discrimination Act. This outlaws unjustified discrimination against disabled workers.

Discrimination may take any of the following forms:

Direct discrimination - where an employee is treated less favourably than others because of someone’s disability.

Indirect discrimination – where a policy and procedure is applied equally to everyone but is more difficult for someone to comply with because of disability and cannot be justified.

Discrimination Arising from Disability – where an employee is treated without justification less favourably because of something arising in consequence of disability – for example someone who is disciplined for losing their temper with a colleague when this is caused by pain arising from a disability.

Failure to make reasonable adjustments - where an employer has failed to make the reasonable workplace adjustments to ensure that employment arrangements or premises do not put the employee at a substantial disadvantage in comparison with their non-disabled colleagues. This is a wide ranging duty which can encompass anything from changing the arrangements for job interviews to making modifications to premises.

Victimisation – where an employee is treated unfairly because they have made or assisted in making a complaint about discrimination.

Harassment - where because of  disability the employee is submitted to conduct which violates your dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment. This can include a situation where a third party is responsible and the employer does not stop it.

Liability for Disability Discrimination can arise even where the employee is not disabled – if they are discriminated against because of a wrong perception that they are disabled or because they are connected with a disabled person (e.g. have a disabled child). Compensation is potentially unlimited.

If you have been accused of discrimination or are concerned that you have a situation developing where this could arise we can help you to manage the situation - including helping you to defend any employment tribunal claim. We can also check your policies and procedures to make sure you are not leaving yourself open to a claim.