Disability Discrimination: Know Your Rights
Spotting Disability Discrimination At Work
Disability discrimination at work takes many forms, from obvious exclusion to subtle undermining. You might face harassment about your condition, be passed over for promotions, or find colleagues making inappropriate comments. Direct discrimination happens when you're treated worse because of your disability. This includes being refused reasonable adjustments, excluded from meetings, or facing different rules than other employees. Indirect discrimination is trickier to spot but equally illegal. This occurs when workplace policies disadvantage disabled employees, like mandatory overtime that conflicts with medical appointments or inaccessible meeting locations.
Reasonable Adjustments Your Employer Must Make
Your employer has a legal duty to make reasonable adjustments for your disability at work. These changes must remove barriers that put you at a substantial disadvantage compared to non-disabled colleagues. Common reasonable adjustments include flexible working hours, modified equipment, accessible parking spaces, or adjusting your duties. Your employer might need to provide screen readers, ergonomic furniture, or allow working from home. The adjustment must be reasonable considering cost, practicality, and business size. However, employers cannot refuse adjustments simply because they cost money or require some effort to implement.
Disability Discrimination At Work: What To Do Next
Document everything when facing disability discrimination at work. Keep records of incidents, emails, and witness statements to build your case. Raise the issue with your employer first through their grievance procedure. This gives them a chance to fix the problem and strengthens your legal position if they refuse. You can make a claim to an Employment Tribunal within three months of the discriminatory act. The tribunal can order compensation, reinstatement, and force your employer to make necessary changes.
Winning Your Disability Discrimination At Work Claim
Strong evidence wins disability discrimination at work claims. Gather documentation showing how you've been treated differently, what adjustments you requested, and how discrimination has affected you. You'll need to prove you have a disability under the Equality Act 2010. This means a physical or mental impairment with substantial, long-term effects on daily activities. Compensation covers lost earnings, future losses, and injury to feelings. Awards for injury to feelings typically range from £1,000 to £49,300 depending on severity and impact.
What Counts As Disability Discrimination At Work?
Disability discrimination at work includes treating you unfavorably because of your disability, failing to make reasonable adjustments, or harassment related to your condition. It covers direct treatment differences and policies that disadvantage disabled employees.
Can I Be Sacked For Being Disabled?
No, you cannot be dismissed simply for being disabled. Any dismissal must be for legitimate business reasons and your employer must first consider reasonable adjustments to help you continue working.
What Are Reasonable Adjustments For Disability Discrimination At Work?
Reasonable adjustments are changes your employer must make to remove barriers you face because of your disability. These include flexible hours, modified equipment, accessible facilities, or adjusting your duties to accommodate your needs.
How Long Do I Have To Bring A Disability Discrimination At Work Claim?
You have three months from the date of discrimination to submit your Employment Tribunal claim. The tribunal may extend this deadline in exceptional circumstances, but acting quickly protects your rights.