Making Sense of Disability Discrimination Law
Disability discrimination law as it applies in the workplace is contained in the Equality Act 2010. This replaced the Disability Discrimination Act passed in 1995 and amended over subsequent years. All aspects of the employment relationship are covered including:
- Recruitment
- Pay
- Working conditions
- Training
- Promotion
- Dismissal
- References
Under the law to prevent disability discrimination in the workplace only people who meet the definition of disability are protected. A limited number of conditions (including cancer, HIV infection and multiple sclerosis) are deemed to be disabilities. Otherwise, protection is only granted to someone who has a physical or mental impairment which has a substantial and long-term effect on their ability to carry out normal day-to-day activities. This can be difficult to assess and prove.
The law also protects people who are discriminated against because of the disability of people they associate with, for example family and friends.
Disability discrimination in the workplace – how we can help
Disability discrimination at work is a wide ranging and complex concept. It can be difficult to assess and understand different aspects of disability discrimination law.
If you are an employer and want to ensure employment equality for all your employees, we can help you draw up practices and procedures to prevent unintentional disability discrimination in the workplace. We can also provide training on dealing with long-term sickness absence and how to make reasonable adjustments if someone’s disability makes it difficult or impossible for them to continue in their role.
We can also help if you are an employee and believe you are experiencing disability discrimination at work. We can advise your employer of their duties towards you. We can also help you remain in employment by suggesting reasonable adjustments. If an Employment Tribunal is the only option, we can advise you and represent you where necessary.
For further help making sense of employment equality please call your local martin searle solicitors’ office on 01273 609911 (Brighton) or 0845 189 0152 (Croydon).
Types of disability discrimination in the workplace
Direct discrimination at work
A person discriminates against someone if, because of disability, they treat the person less favourably than they treat or would treat other people.
Discrimination arising from disability
The law defines discrimination arising from disability as: A treats B unfavourably because of something arising in consequence of B’s disability and A cannot show that the treatment is a proportionate means of achieving a legitimate aim.
This is a new form of discrimination that was introduced under the Equality Act. It is not necessary to compare the treatment with someone else as the definition refers to unfavourable rather than less favourable treatment.
Indirect discrimination
This occurs where a provision, criterion or practice is applied to everyone, but people with a certain disability are put at a particular disadvantage compared to other people who do not have that disability. For the claim to succeed, individuals need to show they have suffered disadvantage as a result of the provision or its application. A claim can still be defended if the discriminator can show that the provision is a proportionate means of achieving a legitimate aim.
Duty to make reasonable adjustments
This form of discrimination occurs when a provision, criterion or practice is applied, or any physical feature of premises occupied by the employer exists, which substantially disadvantages a disabled person.
The employer is obliged to make reasonable adjustments to prevent this from happening. An employer cannot justify failing to make reasonable adjustments and there are no limits on what they might constitute, for instance:
- Installing equipment
- Reallocating duties to other staff
- Changing workplace policies
Harassment
Harassment is unwanted conduct related to disability which has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment. The person need not be disabled themselves to suffer harassment as the definition covers conduct ‘related to disability’ not the person’s disability. There is no defence of justification in respect of harassment.
Victimisation
Victimisation is treating people less favourably because of action they have taken under, or in connection with the legislation. For example, if someone formally complains of disability discrimination at work or gives evidence on behalf of a disabled person in a tribunal case.
Want to talk to us?
If you would like to discuss disability discrimination law or for any other information relating to discrimination in the workplace or employment equality please email Fiona Martin or phone 01273 609911 or call your local martin searle solicitors’ office on 01273 609911 (Brighton) or 0845 189 0152 (Croydon).
