Disability discrimination at work
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Disability Discrimination in the Workplace
Disability discrimination in the workplace occurs when an employee is disadvantaged due to a particular condition or impairment.
Types of disadvantages could include the following:-
- The withdrawal of a job offer;
- a dismissal due to disability-related absences;
- bullying because an employee is disabled; or
- 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 who have been subjected to disability discrimination in the workplace. This discrimination which amounts to less favourable treatment for reasons related to the disability can arise in various circumstances.
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.
Indirect discrimination occurs when a rule or process which exists within the workplace places a disabled person at a disadvantage.
Disability-related harassment occurs when employees are subjected to offensive remarks or derogatory treatment concerning their disability.
What is Reasonable Adjustment in the Workplace?
A failure to make a reasonable adjustment in the workplace can also constitute disability discrimination. This applies when an employer fails to carry out adjustments either to the role or circumstances surrounding the role, to help its proper performance.
There is no specific definition of what constitutes ‘reasonable’ in terms of an adjustment. This can depend on the nature of the role or the employer itself. If an employer fails to make a simple and inexpensive adjustment, it can be considered discrimination related to the employee’s disability. This neglect can result in unfair treatment.
Disability Discrimination Compensation
Disability discrimination compensation is calculated regarding an individual’s loss of salary and their injury to feelings. Unlike with unfair dismissal claims, disability discrimination claims, as well as any claims for any type of discrimination, there is no maximum amount of compensation that may be awarded by the employment tribunal.
Disability Discrimination Solicitors
All the disability discrimination solicitors at DPH Legal have extensive experience in providing advice. This applies to claims through employment tribunals as well as agreeing to disability discrimination compensation before issuing employment tribunal claims.
Settlement Agreements
Disability discrimination compensation is typically agreed within a settlement agreement. Alternatively, when employment tribunal proceedings have already been issued, it is agreed in a document known as a COT3.
There are time limits which apply to disability discrimination claims brought in an employment tribunal. An employee must bring a claim for disability discrimination within three months of the date of an act or omission which amounts to disability discrimination.
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 taken place. For further advice about disability discrimination claims, please contact us on the telephone number provided.
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