Disability Discrimination

Disability Discrimination Solicitors

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Disability Discrimination in the Workplace

Disability discrimination in the workplace happens when an employee is unfairly treated because of a health condition or disability.

Types of disadvantages could include the following:-

  1. The withdrawal of a job offer;
  2. a dismissal due to disability-related absences;
  3. bullying because an employee is disabled; or
  4. an employer failing to carry out reasonable adjustments that would assist a disabled employee to perform their role.

Disability Discrimination Solicitors

As disability discrimination solicitors, we regularly advise employees subjected to disability discrimination in the workplace. This type of discrimination happens when someone with a disability is unfairly treated because of their condition. It can occur in different situations at work.

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Disability Discrimination

Disability Discrimination Compensation

Direct disability discrimination arises when a disabled person is treated differently because of their impairment or condition which amounts to a disability. This could include being denied a promotion, unfair dismissal or being treated differently from other employees. In such cases, the affected person may be entitled to disability discrimination compensation.

Indirect discrimination occurs when a rule or process which exists within the workplace places a disabled person at a disadvantage. Requiring all staff to attend upstairs meetings without lift access may discriminate against those with mobility issues. If this results in unfair treatment, the employee may have grounds to claim disability discrimination compensation.

Disability-related harassment occurs when employees are subjected to offensive remarks or derogatory treatment concerning their disability. Name-calling, jokes, or a hostile workplace can harm an employee’s wellbeing, making them eligible for disability discrimination compensation.

What is Reasonable Adjustment in the Workplace?

Failing to make reasonable adjustments at work can be considered disability discrimination. Employers must change the role or work environment to help employees perform their jobs properly.

This is particularly important for neurodiverse employees, who may require tailored adjustments. This includes flexible working arrangements, sensory-friendly workspaces or alternative communication methods. Read more about how employers should support neurodivergent employees in this article.

There is no strict definition of what counts as ‘reasonable’, as it depends on the job and the employer’s resources. However, if an employer refuses to make a simple, low-cost adjustment, it may be unfair treatment and discrimination.

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Disability Discrimination Compensation

Disability discrimination compensation is based on lost wages and injury to feelings caused by unfair treatment. Unlike unfair dismissal claims, there is no cap on the amount a tribunal can award for discrimination cases. Compensation can also include damages for future loss of earnings and aggravated damages if the employer’s behaviour was particularly harmful.

Each case is assessed individually: the level of compensation depends on the severity of the discrimination and its impact on the employee.

Disability Discrimination Solicitors

The disability discrimination solicitors at DPH Legal have extensive experience handling workplace discrimination cases. They provide expert advice on employment tribunal claims and work to secure disability discrimination compensation before a tribunal claim is filed.

Settlement Agreements

Disability discrimination compensation is typically agreed upon within a settlement agreement. Alternatively, when employment tribunal proceedings have already been issued, it is agreed in a document known as a COT3.

Time limits apply to disability discrimination claims brought in an employment tribunal. An employee must file a disability discrimination claim within three months of the unfair treatment happening.

Disability Discrimination Claims

Employees considering making a disability discrimination claim should seek immediate legal advice. They should consider contacting ACAS to protect that legal position.

Keep notes of any conversations or copies of correspondence with your employer. These could be evidence that less favourable treatment for reasons linked to a disability has happened. For further advice about disability discrimination claims, please contact us at the telephone number provided.

Contact us for help with your disability discrimination claim

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0118 914 5622

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