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Disability Discrimination

Premier Advocates > Disability Discrimination

Disability Discrimination

  • Disabled people are protected under The Equality Act 2010
  • Employers must make reasonable amendments in order to accommodate employee who have a disability
  • Employers should have policies that prevent discrimination
  • Protected from harassment

It is unlawful for anyone to discriminate an employee because they have a mental or physical disability and fail to accommodate them.  A person is classed as disabled if they have a mental or physical impairment which affects their day to day activities these activities can include answering the telephone, reading a book or using public transport.

There are many types of discrimination:

This is against a person of their actual disability or their perceived disability or even just because they associate with a disabled person.

Unfair treatment is made to an individual who has supported a recent complaint in regards to disability discrimination.

Company must make reasonable adjustments when they are recruiting, they may have to make adjustments to equipment or the premises itself to accommodate someone with a disability.  An organisation must be able to justify why they would reject someone with a disability i.e. if you need someone to work on machinery and the person that wants the job suffers with epilepsy and is on a lot of medicine.

It is the responsibility of an employer to ensure they have policies and procedures in place which have been designed to prevent disability discrimination these can come in many forms:

1.       Harassment

2.       Violating an individual’s dignity

3.       Hostile

4.       Degrading

5.       Offensive environment for an individual

6.       Intimidation

Policies and Procedures should include:

  • Harassment and bullying
  • Determining an individual’s pay
  • Recruitment
  • Grievances and discipline
  • Training and development
  • When selecting individuals for promotion

Employers if they find out that an employee is having difficulty they should try to make reasonable adjustments to help make their job easier, this might mean they have to look at supplying ergonomic chair power-assisted equipment maybe they could be re-deployed to a different type job role were possible.

Making a claim

It is possible to make a claim at the Employment Tribunal if you feel you have been discriminated against because of your disability, however the first thing you should always do is speak to your employer first to try and sort things out informally if this does not work then you can go down the formal route.