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 discover how to deal with workplace disability discrimination.
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.
How can I make a complaint?
There are several steps that you can take when making a complaint regarding workplace discrimination:
● Complain directly to the person or organisation. You can write a formal letter or complaint. Your letter should also say what you would like to happen next. For example: an apology; changes to the way they do things; money as compensation.
● You can ask someone else to help you sort it out. Some mediation services offer free or subsidised mediation.
● An advocate can support you to say what you want to say, or will say what you want to say, when you are not able to do so.
● Make a claim in Court. Be aware that if you do decide to make a claim in court, you need to tell the court about your claim (by filling in a form and paying a fee) within six months of what happened.
● Seek independent legal advice to find out the options at your disposal.
Regardless of what your employment-related issue is, our employment lawyers at DJP Solicitors can help. Whether you’ve experienced unfair dismissal, workplace discrimination, wrongful termination, or anything in between, you’ll benefit from more than 15 years of experience. We’re dedicated and proud to offer legal advice and representation over employment law claims, so contact us today to receive expert help.
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