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Disability discrimination in employment
What Is Disability Discrimination?
An employer discriminates against you if they treat you less favourably than they treat, or would treat another job applicant or worker and the reason for the treatment is related to your disability, and the reason does not apply to the other person who receives more favourable treatment, and your employer cannot justify the treatment.
Your employer is also under a positive obligation to make reasonable adjustments to the workplace (which may include alterations to working arrangements as well as the physical work place) and a failure to make reasonable adjustments will amount to discrimination unless the employer can justify their failure.
How does the law define disability?
Under the Disability Discrimination Act 1995 (DDA) you will have to have a physical or mental impairment which has a substantial and long term adverse effect on your ability to carry out normal day to day activities.
This definition has been interpreted as meaning that you need to have a medically recognised condition which has lasted for at least 12 months, or to be likely to last for at least 12 months (or for the rest of your life).
What is a reasonably adjustment may vary according to your specific requirements and to the size of the organisation you work for.
Harassment and Victimisation
Harassment is when you receive unwanted conduct relating to your disability. This may result on the infringement of your dignity and create an intimidating, hostile, degrading, humiliating or offensive environment to work in.
Victimisation occurs if your employer treats you less favourably than another person for taking legal action against them under the Disability Legislation, or for assisting somebody else who is bringing a claim. So, and example of this would be acting as a witness or giving evidence for a fellow employee.
Liability
An employer should be liable for the actions of its employees, or other third parties if they are in a position to control the situation or take remedial action. If they do not do so then you may have a valid claim against them in law.
Enforcement Of The Law
It is always advisable to comply with any internal grievance procedure that may exist before you bring a claim before an Employment Tribunal. However, it is very important that a complaint to an Employment Tribunal is made within 3 months of the act complained of or if the complaint is of a succession of acts, within 3 months of the last act committed.
It is worth seeking legal advice in this complex area of law at an early stage to determine whether you have a case in law, and the strength of your case.
Coventry Law Centre runs an employment and discrimination advice line for initial telephone advice on 024 76253169. The advice line runs on Tuesdays and Thursdays between 10:00am and 12:00noon.
024
7622 3053