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How our disability discrimination at work specialists can help

For anyone with a disability, the last thing you would expect is your colleagues treating you negatively because of it. It can be difficult enough navigating the workplace with a disability, let alone having to face discrimination from others.

If you have a disability, it’s illegal for you to be discriminated against in the workplace.

We encourage employees who have or who are facing disability discrimination to get in touch with our team as soon as possible.

Call us free today to see how we can help you understand your options on 0808 164 0808, or request a call back if you’d like one of our no-win, no-fee experts to call you.

disability discrimination at work frequently asked questions

What is direct disability discrimination? toggle accordion
Direct disability discrimination is where a disabled employee may be treated less favourably because of their disability, compared to someone without a disability in the same scenario.

What is indirect disability discrimination? toggle accordion
Indirect disability discrimination is where a workplace may have a provision, criterion or practice, which is applied equally to a group of employees, but has (or will have) the effect of putting those who have a disability at a particular disadvantage, when compared to others in the group and the employer is unable to justify it.

What is discrimination arising from disability? toggle accordion
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.

What is a ‘reasonable adjustment’? toggle accordion
This is one of the most common types of disability discrimination. A ‘reasonable adjustment’ is a change or adaptation to the working environment, which has the effect of removing or minimising the impact of the individual’s disability in the workplace. Every employer is legally obliged to make reasonable adjustments in the workplace, to allow any disabled employees to carry out their roles, without being at a disadvantage. For example, you may require a standing desk to enable comfortable working with a spinal impairment. Or, you may be a wheelchair user whose employer should install ramps if your place of work doesn’t already have them.

Our approach to disability discrimination at work

  • Understanding exactly what’s happened and how we can help
  • Identifying the extent of the discrimination and what this could mean
  • Doing everything we can to achieve the best possible outcome

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Funding your employment claim

A dispute with your employer can be stressful, and the last thing you want to be worried about is how to pay for the legal help and advice you need. We will help you get the best possible outcome in the most cost-effective way. Click below to find out more about the funding options available to you.

To learn more about funding your employment claim click here >

Kind words from our clients

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If an employer fails to do this for you, you could be eligible to claim for disability discrimination.

Below are some further examples of disability discrimination in employment:

  • Harassment – if an employer/other employees were to make fun of a person’s disability. This can include bullying, nicknames, threats, intrusive or inappropriate questions, excluding someone or insults. It can be verbal, written or physical. Unwanted jokes and/or gossip which the employee finds offensive can be harassment and to say they were “banter” is no defence.
  • By association – if an employer or employee discriminates against someone simply because they know someone disabled, or have a disabled spouse/partner or child.
  • Victimisation – this is when an employee may suffer what the law terms a “detriment”, because they engaged in any of the following:
  • Made an allegation of discrimination
  • Supported a complaint about discrimination
  • Gave evidence to support a discrimination claim
  • Raised a grievance concerning equality or discrimination
  • Did anything else for the purposes of the Equality Act 2010.

Making a disability discrimination claim

If you have experienced disability discrimination in the workplace or during the recruitment process, then we recommend you act quickly. The law states that an employee only has three months, less one day, from the date of the discriminatory act to start a complaint at an employment tribunal.

In order to bring a tribunal claim, we recommend you contact our disability discrimination solicitors in the first instance. Any employee who wishes to bring a claim for disability discrimination at work needs to submit details of their claim to the Advisory, Conciliation and Arbitration Service (ACAS), so that they can establish whether the employer will agree to ‘early conciliation’. Depending on your circumstances, we may be able to help you with this.

Our disability discrimination at work experts are here to guide you

Neha Thethi

Head of Employment

Employment

Lucy Needham

Litigation Legal Assistant

Employment

Other Discrimination at Work claims we can help with

Age discrimination → Gender reassignment discrimination → Pregnancy & maternity discrimination → Racial discrimination → Sex discrimination →

Get in touch with our no win, no fee disability discrimination at work solicitors today

If you need to talk to someone sooner you can call us for free on 0808 164 0808

Contact us now

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Disclaimer

In general you have three months less one day from the most recent act of discrimination or breach to take action, meaning you should act fast.

We recommend you speak to one of our lawyers in the first instance. As part of the process, you’ll need to get in touch with the Advisory, Conciliation and Arbitration Service (ACAS), who will aim to achieve early conciliation with your employer. However, our lawyers can assist in this process where appropriate and we have formally been instructed.

Please be aware that the ACAS process can take up to around a month to complete, which will be taken from the three months you have to begin with. It’s important to act quickly in order to bring a tribunal claim. If the conciliation procedure is unsuccessful, we may be able to support you with the tribunal. If you feel you have a potential employment claim please act quickly and contact us today.

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