Disability Discrimination

The Disability Discrimination Act 1995 (‘DDA’) defines a disabled person as someone who has a physical or mental impairment that has a substantial and long-term adverse effect on his or her ability to carry out normal day-to-day activities.

Under the DDA, it is unlawful for your employer to discriminate against you as a disabled employee for a reason related to your disability, unless it can be justified. This includes discrimination in the context of:

  • application forms
  • interview arrangements
  • job offers
  • terms of employment
  • promotion, transfer or training opportunities
  • work-related benefits such as access to recreation or refreshment facilities
  • dismissal or redundancy

Your employer also has a duty to make 'reasonable adjustments' for you as a disabled employee in order to make sure that you are not put at a substantial disadvantage in comparison to other able-bodied employees. For example, when appropriate, your employer should consider:

  • allocating some of your work to someone else
  • transferring you to another post or another place of work
  • making adjustments to the buildings where you work
  • being flexible about your hours
  • providing training or retraining if you cannot do your current job any longer
  • providing modified equipment
  • making instructions and manuals more accessible
  • providing a reader or interpreter

You should discuss any such arrangements with your employer, and you may also want to suggest to your employer that they seek external advice from someone with expertise in providing work-related help for disabled people, such as an occupational health adviser.

It is unlawful for your employer to select you for redundancy because you are disabled or for any reason relating to your disability and your employer must include you in the consultation process. Your employer should also make reasonable adjustments to the selection criteria to make sure the criteria do not discriminate against you as a disabled employee.

You may decide to resign if you feel that your position has become untenable as a result of discrimination you are suffering at work, in which case you would have a potential claim for constructive dismissal as well as disability discrimination. Furthermore, if you have suffered any detriments because you have made (or intend to make) complaints about the discrimination you have suffered, you may also have a claim for victimisation.

If you believe that you are being discriminated against on the grounds of your disability, or you simply want more information about your rights, Ashby Cohen can help you. We specialise in employment law cases, and our years of experience as employment lawyers make us uniquely qualified to assist you with any disability discrimination issues you may have. Please contact us for an initial free consultation.

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