The Equality Act 2010 prohibits discrimination because of a disability, whether the disability arises from a mental impairment or a physical one. If you have suffered discrimination at work because of a disability, you may be able to make a claim.
Facing discrimination at work is a stressful and upsetting time. It’s best to seek advice at an early stage, to get help with putting a stop to the discrimination, making sure you get the adjustments you need in the workplace or seeking compensation for discriminatory treatment suffered.
Our specialist employment lawyers will work hard to relieve the stress and provide clarity on your legal options and best ways of resolving the situation. We have years of experience advising and representing clients, negotiating the many strands and complexities of disability discrimination law. Our firm has also secured significant sums of compensation in settlement and in tribunal for those subjected to discrimination at work.
For impartial, honest advice about discrimination you are facing at work, please speak to our employment rights team today.
There are different strands of disability discrimination. However, in basic terms, disability discrimination occurs when someone is disadvantaged or treated poorly either because of, or for a reason related to, disability or the effects of a disability.
To qualify as disabled, a person must show that they have 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. The effects of mediation or aids is generally disregarded to assess the question.
For an impairment to be long term it must generally have lasted for at least 12 months, be likely to last for at least 12 months, or be likely to last for the rest of a person’s life.
The Act also covers people who have had a disability in the past, those with progressive conditions, and those deemed to have a disability, such as those suffering from cancer or certain types of disfigurement.
The Act covers all employment types and applies to apprentices, employees, and workers i.e. people working under a contract that requires them to personally carry out their service. Ex-employees can also make a claim against a former employer in some circumstances.
The employer is generally liable for acts of discrimination that take place at work; however, individual employees may also be personally liable.
Where a Tribunal finds that a claim is well founded, it can order the employer to pay compensation for financial losses, injury to feelings, personal injury damages and, in extreme cases, aggravated damages. Injury to feelings compensation is awarded according to the severity of the discrimination and the extent of hurt feelings and is separated into lower, middle and higher bands.
The Tribunal can also recommend that the employer takes specified steps to remove or reduce the adverse effects of the discrimination on the Claimant (a “recommendation”).
If you think you have been discriminated against, you might be entitled to compensation but the appropriate value can be difficult to assess.
Establishing that discrimination occurred is not straightforward. Sufficient evidence must be provided to enable a tribunal to conclude it is more likely than not that you were discriminated against by the employer.
There will need to be some factual basis upon which the tribunal can make its findings. It therefore helps if you can produce relevant letters or documents that evidence the discrimination or tend to show that it was likely to have occurred. It is also useful to make a note of the key incidents and the dates on which they took place and where discriminatory comments have been made, the precise words used.
This occurs when an employer, because of disability, treats a worker less favourably than he treats, or would treat, a person who does not have that disability. It is therefore necessary to identify a comparator. This type of discrimination cannot be justified under any circumstances.
This arises when an employer applies a “provision, criterion or practice” (such as a policy) which is not intended to treat anyone less favourably, but which in practice has the effect of disadvantaging people who have a disability.
Employers can only defend indirect discrimination if they can show they can justify the provision, criterion or practice as a proportionate means of achieving a legitimate aim.
A person harasses another if they engage in unwanted conduct related to disability with the purpose or effect of violating their dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.
Examples include comments made about disability, which offend you or make you feel humiliated.
An employer is under a duty to make reasonable adjustments where, for example, any provision, criterion or practice puts the employee at a substantial disadvantage in comparison with someone who is not disabled. Reasonable adjustments can include altering a disabled person’s working hours or the duties they undertake, assigning him or her to a different place of work, or modifying work equipment.
A person discriminates against a disabled person if they treat them unfavourably because of something arising in consequence of the disability and cannot show that the treatment is justified.
This might apply where an employer treats a disabled person unfavourably in connection with sickness absences connected to their disability.
Some workers may be deterred from exercising their rights under the Act or from supporting others who wish to exercise their rights because they fear they will be victimised by their employer.
The Act, in summary, protects workers who make a complaint of discrimination from being treated badly (subject to a detriment) because they have complained.
If you feel you have been discriminated against because of your disability, you may be able to bring a claim to an employment tribunal. Claims must be brought within three months (less one day) of the act complained of subject to any extension of time granted by correct use of ACAS Early Conciliation.
Where discrimination has occurred over a period of time, the claim can be brought within three months (less one day) of the last act in a series of interconnected, linked acts, subject to any extension of time granted by correct use of ACAS Early Conciliation.
If you wish to bring a claim against your employer, it is important to note that in most cases you must submit a written grievance to your employer complaining of the discrimination. A failure to do so could result in any compensation being reduced by up to 25%.
Our Employment Rights team has a longstanding reputation for helping clients with a variety of employment law claims, including discrimination.
We understand that your circumstances are unique, and that’s why we’re careful to listen to your situation and provide the best possible solutions to support you.
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Want more information? Contact a member of our team today.
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