Disability Discrimination Claim

Disability Discrimination

A Disability Discrimination Claim against an employer arises when an employee believes they have been treated unfairly or less favorably because of their disability. Under the Equality Act 2010 in the UK, disability is a protected characteristic, and employers are legally required to ensure that disabled employees are not discriminated against in the workplace.

Elements of a Disability Discrimination Claim

Definition of Disability

• Under the Equality Act 2010, a disability is defined as a physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities.

• "Substantial" means more than minor or trivial, and "long-term" means the impairment has lasted or is expected to last for at least 12 months.

Types of Disability Discrimination

Direct Discrimination

• Treating someone less favorably because of their disability.

  • Example: Refusing to promote an employee because they have a disability.

Indirect Discrimination

• Applying a policy, practice, or rule that disadvantages disabled people.

  • Example: Requiring all employees to work late without considering the needs of a disabled employee who requires flexible hours.

Failure to Make Reasonable Adjustments

• Employers are required to make reasonable adjustments to remove or reduce disadvantages faced by disabled employees.

  • Example: Not providing a ramp for a wheelchair user or refusing to adjust working hours for someone with a chronic condition.

Discrimination Arising from Disability

• Treating someone unfavorably because of something connected to their disability.

  • Example: Disciplining an employee for taking more sick leave when the leave is related to their disability.

Harassment

• Unwanted behavior related to disability that violates someone’s dignity or creates a hostile, degrading, or offensive environment.

  • Example: Making offensive jokes or comments about someone’s disability.

Victimisation

• Treating someone unfairly because they have made or supported a complaint about disability discrimination.

  • Example: Ostracizing an employee after they raise a grievance about disability discrimination.

Reasonable Adjustments

• Employers are legally required to make reasonable adjustments to ensure disabled employees are not disadvantaged in the workplace.

• Adjustments could include:

  • Modifying the workplace (e.g., installing ramps or accessible toilets).

  • Adjusting working hours or duties.

  • Providing specialized equipment or software.

• What is "reasonable" depends on factors such as the cost, the employer’s resources, and the effectiveness of the adjustment.

Areas Covered

• Disability discrimination protections apply to all aspects of employment, including:

  • Recruitment

  • Terms and conditions of employment

  • Promotions and training

  • Dismissals and redundancies

Making a Disability Discrimination Claim

If an employee believes they have been discriminated against because of their disability, they can take the following steps:

1. Raise the Issue Informally:

   • Discuss the matter with their employer or HR department to try to resolve it informally.

2. File a Formal Grievance:

   • Use the employer’s grievance procedure to formally raise the issue.

3. Seek Legal Advice:

   • Consult one of our Employment Law Advisors, a trade union, or organisations like ACAS (Advisory, Conciliation and Arbitration Service) or Citizens Advice.

4. Make a Claim to an Employment Tribunal:

   • If the issue cannot be resolved, the employee can file a claim with an employment tribunal.

   • The claim must usually be made within 3 months less one day of the discriminatory act.

   • Use this template and the ET1 Form and submit the claim online.

Remedies for Disability Discrimination

If a claim is successful, the tribunal may award:

• Compensation: For financial losses (e.g., lost wages) and injury to feelings.

• Recommendations: For the employer to take specific actions, such as making reasonable adjustments or providing training.

• Reinstatement or Re-engagement: If the employee was dismissed, they may be reinstated to their job.

Employer Responsibilities

Employers have a legal duty to:

• Avoid discriminating against disabled employees.

• Make reasonable adjustments to support disabled employees.

• Foster an inclusive and supportive workplace culture.

Examples of Disability Discrimination Claims

1. Failure to Make Adjustments:

   • An employee with a visual impairment is not provided with screen-reading software, making it difficult for them to perform their job.

2. Direct Discrimination:

   • An employer refuses to hire a qualified candidate because they use a wheelchair.

3. Discrimination Arising from Disability:

   • An employee with epilepsy is disciplined for taking time off work, even though their absences are related to their condition.

4. Harassment:

   • A colleague repeatedly mocks an employee with a speech impediment, creating a hostile work environment.

Disability discrimination claims are an important mechanism for ensuring that disabled employees are treated fairly and have equal opportunities in the workplace. Employers must take proactive steps to prevent discrimination and support disabled employees.

Disability Discrimination Claim Template

It is possible to file your claim for disability discrimination online, download it, print it out, and then either hand it in or present it in person to the appropriate Employment Tribunal along with the ET1 Form. In accordance with section 8.2 of the ET1 form, you are required to provide an explanation of your claim(s). An ET1 Particulars of Claim is the name given to this claim. This document will be reviewed first by the employment tribunal in the event that the case is brought before a hearing. Because of this, the claim(s) that the claimant wants the tribunal to rule upon need to be defined and described in the claim specifications in a clear and consistent manner.

How to correctly complete this task will be outlined in our template. Our document, or the template for the ET1 Particulars of Claim, will make certain that it contains all of the required information and dates inside it. The Employment Tribunal will receive a summary of the events that took place, as well as an explanation of the reasons why the claimant believes that the action was unlawful and discriminatory.If you need help to finalise one of our Particulars of Claim Templates we can coach you or check it for you.