How To Fight Disability Discrimination At Work

If you think you’re being discriminated against at work on the basis of your disability, there are steps you can take to tackle the issue.

Read on to learn more about the different types of disability discrimination and how you can fight unfair treatment or harassment in the workplace.



What is disability discrimination?

Disability discrimination is when you’re treated unfairly or put at a disadvantage based on your disability. You may experience direct or indirect disability discrimination.

Direct disability discrimination

Direct disability discrimination occurs where because of your disability, you are treated less favourably than a person who does not have a disability. An example of this is if a job applicant tells their potential employer they have multiple sclerosis and they are not appointed, despite being the best candidate, because the employer assumes they will be taking a lot of time off work.

Indirect disability discrimination

Indirect disability discrimination is when a working practice, policy or rule applies to everyone in a group, but it puts a disabled person or disabled people at a disadvantage. For example, insisting all applicants have a driving licence for the role of a library assistant would exclude someone with epilepsy and is essentially hard to justify, as it is not primarily a job that requires driving.

What rights do I have?

The Equality Act 2010 protects you from workplace discrimination. This law replaces previous anti-discrimination laws with a single Act, making the law easier to understand and offering further protection in certain situations. It defines a disabled person as someone with “a physical or mental impairment, and the impairment has a substantial and long-term adverse effect on [their] ability to carry out normal day-to-day activities". Under the Act, employers have a responsibility to make reasonable adjustments for those with disabilities - this means making jobs and services more accessible. Failure to do so could equate to discrimination.

Make a claim for disability discrimination

It’s possible for you to make a claim for disability discrimination at an employment tribunal. The time limit for making a discrimination claim at a tribunal is 3 months less a day from the date when the discrimination happened and you’ll need to keep notes of any conversations and copies of any emails so you can show that you tried to follow your employer's procedures and find a solution.

Speak to a solicitor

If you think you’re facing unfair discrimination based on your disability, it’s crucial you seek legal advice. Consulting with solicitors can ensure you take the course of action that’s right for you.

In this situation, Paddle & Cocks’ employment law solicitors can help. We have extensive experience in advising employees on the law relating to disability discrimination, including unfair dismissal, mistreatment, harassment, victimisation and failure to make reasonable adjustments. Contact us today to find out how we can assist you.