Disability Discrimination
Any kind of disability discrimination in the workplace is unnecessary and unpleasant. The effect it can have on you if you are disabled is not good for either you or your employer! So what can be done about it?
First things first…
Legislation prohibiting disability discrimination is set out in the Equality Act 2010. Neither employees nor potential employees should suffer less favourable treatment, or be disadvantaged by any conditions of employment, because of their disability. This includes discrimination during recruitment, promotion, terms and conditions of employment, training, disciplinary and grievance procedures, dismissals and redundancy.
So… how is disability defined?
A person who is disabled, within the meaning of the Equality Act 2010, is someone who has a physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities. This covers a wide range of impairments but would include, for example, cancer, diabetes, multiple sclerosis and heart conditions, a significant mobility difficulty and mental health conditions or learning difficulties.
Terms like ‘substantial’ and ‘long term’ can have many meanings, but with respect to disability they refer to impairment that is more than trivial such that it can take longer (or be more difficult) to carry out normal activities. A long term disability is one that is likely to last more than 12 months.
It’s important to note that people who have recovered from an illness that originally meant they were deemed to have a disability are still protected from any discrimination which may arise as a result of their past problem.
There are some conditions, however, which though potentially debilitating at times are NOT considered disabilities and are therefore excluded. Examples would be alcoholism, drug addiction and hay fever.
As you would expect, there are a number of contexts in which disability discrimination can take place in the workplace including recruitment, promotion, terms and conditions of employment, training, disciplinary and grievance procedures, dismissals and redundancy.
But what if my disability is only bad on some days?
There are some conditions that affect an individual badly on some days and not on others. A good example of this is rheumatoid arthritis. When rheumatoid arthritis flares up, it’s really incapacitating and makes many work tasks almost impossible.
With these sorts of conditions, it’s important that you are aware that you may still be considered to have a disability and thus should be accorded all the protection and consideration of someone whose disability is present every day. If you are not sure, we offer a free initial telephone consultation, so contact us now on 0800 304 7254.
I’ve only just been diagnosed with a problem, but I’m fine at the moment…
Now, there are some conditions and illnesses that are deemed to be a disability as soon as a diagnosis is made. And you’ll be glad to know that with respect to these conditions, it’s understood you may not yet be suffering from symptoms which affect your ability to do your job. So if, for example, you are diagnosed with HIV, multiple sclerosis, or even cancer, you may be considered disabled immediately.
Disability discrimination can take the following forms:
- Direct discrimination
- Indirect discrimination
- Harassment
- Victimisation
Let’s have a look at each type in a little more detail.
Direct Disability Discrimination
Direct disability discrimination can occur when an employer, or individual, treats another individual less favourably because of their disability. A well-known example of this is if you are turned down for a job because of your disability even though it doesn’t prevent you from doing the job you are applying for.
Indirect Disability Discrimination
Indirect disability discrimination occurs when a provision, criterion or practice (e.g. a rule or a procedure) when universally applied to all employees actually has a disadvantageous effect on a person with a disability. The employer should mitigate this by making reasonable adjustments to avoid disadvantaging the disabled individual.
So, what are reasonable adjustments? Examples would be:
- Making adjustments to premises
- Allocating some duties to another person
- Transferring the disabled person to fill another vacancy
- Altering working hours
- Acquiring or modifying equipment
- Providing auxiliary aids such as text-to-speech software
It’s important to note, however, that the size and financial cost of the changes, as well as the impact on the employer’s business, are to be considered with respect to what is deemed ‘reasonable’. If you are not sure, we offer a free initial telephone consultation, so contact us now on 0800 304 7254.
Harassment
Harassment can occur when the conduct of an employer, or one of their employees, has the purpose or effect of either violating another individual’s dignity, and/or creates an intimidating, hostile, degrading, humiliating or offensive environment.
Harassment may occur in the form of offensive jokes about your disability, or excluding you from social events. If you are made to do unnecessary tasks and ridiculed is also a good example.
Victimisation
Victimisation, with respect to disability discrimination, occurs when an individual is treated less favourably as a result of their making a complaint (or intending to make a complaint) about disability discrimination or harassment. It can also occur when an individual is treated less favourably as a result of their giving evidence or information in relation to someone else’s disability discrimination claim. So, for example, if you are denied promotion or training as a result of your involvement in a disability discrimination complaint, then this may be considered victimisation too.
What should I do now?
If you think you have been the victim of disability discrimination at work, the best thing is to take advice as soon as possible. We offer a free initial telephone consultation, so contact us now on 0800 304 7254.
