If you have been discriminated against in your employment because of a disability, we recommend that you contact one of our solicitors straight away. You may be entitled to compensation.
The Disability Discrimination Act 1995 (DDA) provides specific employment protection to disabled people. The current law has been descibed by the Disability Rights Commission as a 'major advance in civil rights for Britain's 10 million disabled people'.
Click on the links below for information
Meaning of Disability
Discrimination
Duty to make reasonable adjustments
You may also want to look at the Code of Practice produced by the Disability Rghts Commission
Meaning of disability
A person is disabled if he or she has 'a physical or mental impairment which has a substantial and long-term adverse effect on his or her ability to carry out normal day-to-day activities'.
Physical or mental impairment
Examples of impairments include:-
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sensory, such as those affecting sight or hearing
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those with fluctuating or recurring effects such as rheumatoid arthritis, myalgic encephalitis (ME)/ chronic fatigue syndrome (CFS), fibromyalgia, depression and epilepsy
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organ specific, including respiratory conditions, such as asthma, and cardiovascular diseases, including thrombosis, stroke and heart disease
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developmental, such as dyslexia
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learning difficulties
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mental health conditions and mental illnesses, such as depression, schizophrenia, eating disorders, obsessive compulsive disorders, as well as personality disorders and some self-harming behaviour
It is no longer necessary for a mental impairment to be clinically well recognised.
If you are not sure whether or not your condition is classed as a disability, please contact one of our solicitors.
Substantial and long-term adverse effect
An adverse effect is substantial if it is one that is more than minor or trivial.
A condition is classed as long-term if:-
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it has lasted at least 12 months;
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is likely to last 12 months;
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is likely to last for the rest of the person's life.
Since December 2005, people with cancer, HIV or multiple sclerosis are treated as disabled and are protected by the Disability Discrimination Act.
Normal day-to-day activities
In order to affect normal day-to-day activities, the impairment must have an impact on one of the following:-
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mobility
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manual dexterity
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physical coordination
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continence
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ability to lift, carry or otherwise move everyday objects
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speech, hearing or eyesight
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memory or ability to concentrate, learn or understand
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perception of the risk of physical danger.
Each of the above categories should be interpreted widely.
Discrimination
An employer’s treatment of a
disabled person amounts to discrimination if, on the grounds of the disability,he treats the disabled person less favourably than he would treat an employee without that disability.
Alternatively, if the employer applies a policy to all employees but the disabled person is disadvantaged by it, this may be disability related discrimination.
If you feel you have suffered discrimination at work because of a disability, we recommend that you contact one of our solicitors straight away.
Duty to Make Reasonable Adjustments
The duty to make reasonable adjustments arises
where certain arrangements applied by the employer, or any physical
feature of premises occupied by the employer,
place a disabled person at a substantial
disadvantage compared with people who are not
disabled.
An employer has to take such steps as it
is reasonable for it to have to take in all the
circumstances to prevent that disadvantage. This may include any of the following:-
(a) making adjustments to premises;
(b) allocating some of the disabled person's duties to another person;
(c) transferring him to fill an existing vacancy;
(d) altering his working hours;
(e) assigning him to a different place of work;
(f) allowing him to be absent during working hours for rehabilitation, assessment or treatment;
(g) giving him, or arranging for him to be given, training;
(h) acquiring or modifying equipment;
(i) modifying instructions or reference manuals;
(j) modifying procedures for testing or assessment;
(k) providing a reader or interpreter;
(l) providing supervision.
Very often, an employment dispute can be settled by way of a compromise agreement.
Please contact one of our solicitors for further advice.
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