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.