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 laws concerning disability discrimination (found in the Equality Act 2010) protect a wide range of individuals, including employees. They apply to all facets of employment, including recruitment, promotions and dismissals.
It is unlawful for an employer to:
- Discriminate directly by treating a job applicant or employee less favourably than others because of a particular disability. However, positive discrimination in favour of a disabled job applicant or employee is not unlawful.
- Discriminate by treating a job applicant or employee unfavourably because of something arising in consequence of disability without a good reason.
- Discriminate indirectly by applying a provision, criterion or practice that disadvantages job applicants or employees with a particular disability without a good reason
- Fail to comply with its duty to make reasonable adjustments where a disabled job applicant or employee is placed at a substantial disadvantage.
- Subject a job applicant or employee to harassment related to disability (see Harassment).
- Victimise a job applicant or employee because they have made or intend to make a disability discrimination complaint under the EqA 2010
- Ask job applicants pre-employment health questions other than for a prescribed reason.
If one employee discriminates against or harasses another, the employer will be liable unless it has taken reasonable steps to prevent such conduct from taking place. The offending employee may also be liable.
If a job applicant or employee succeeds with a disability discrimination claim, an employment tribunal will generally make an award of compensation (including a sum for injury to feelings). The tribunal may also make a declaration as to the parties' rights and/or make an appropriate recommendation.
