Making Sense of Disability Discrimination Law
Since 2004, the Disability Discrimination Act 1995 has applied to all employers large and small. All aspects of the employment relationship are covered including:
- Recruitment
- Pay
- Working conditions
- Training
- Promotion
- Dismissal
- References
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 0208 256 4490 (Croydon).
Types of disability discrimination in the workplace
Direct discrimination at work
A person discriminates against someone if, on the grounds of disability, they treat the person less favourably than they treat or would treat other people.
Disability-related discrimination at work
The law defines disability-related discrimination as: “A discriminates against B if, for a reason related to B’s disability, A treats B less favourably than A treats or would treat someone to whom that reason does not apply, and A cannot show the treatment is justified.”
What this means in practice has changed. Before a Court ruling in 2008, this was interpreted to mean less favourable treatment arising from a symptom or consequence of a disability. However, the ruling in 2008 means the interpretation of disability-related discrimination is now much closer to direct discrimination (see above).
The Government has signalled it intends to replace disability-related discrimination with indirect discrimination, a more common strand of workplace discrimination law.
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 violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment. 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 0208 256 4490 (Croydon).
