The Equality Act 2010 also protects an employee from what the law terms ‘discrimination arising from disability’. This is where someone is treated unfavourably; not because of the disability itself, but because of something linked to their disability.
Examples of something connected with a disability might include:
- Absence from work because of an illness
- Problems with movement
- Difficulties with reading, writing, talking, listening or understanding
Sometimes, there may be situations where disability discrimination can be justified. For example, a workplace may exclude a disabled employee for health and safety reasons, which would suggest they are putting that person’s safety first rather than simply discriminating against them.