What is disability discrimination?
Disability discrimination is when a person is treated less favourably than another in the workplace by your Employer or the Employees because of your physical or mental or physical disability. For example, you may suffer from a mental impairment and your Employer refused to give you a bonus because you took time off to follow counselling.
The Equality Act 2010 prohibits discrimination against employees due to a mental or physical disability. Under the legislation, a person is considered disabled if she/he has a long-term impairment affecting their capability to perform daily activities in the workplace such as using a telephone or a computer, communicating with colleagues, understanding instructions, or carrying heavy items. Disability discrimination can occur when an employee with a mobility impairment has been refused a parking space close to the office, even if there is available space.
How does disability discrimination happen?
You may feel discriminated against for your disability when someone harasses you due to a recognised mental or physical condition and, as a result of that, you feel humiliated or stressed. You are also discriminated against when you are treated unfairly because you complained or have supported a complaint about disability discrimination.
How can Disability at work be prevented?
The Employer must make ‘reasonable adjustment’ in the workplace. This means that the employer should:
- Ensure that the building is equipped for your disability
- Provide the necessary equipment to assist you while working
- Re-locate you to a more adequate workplace or re-arrange your working schedule if necessary
If you have a paid job or are about to start/return to one, you may be eligible for the “Access to Work grant’ which will financially support the adjustments in your workplace that are not covered by your Employer.
Health and Safety at Work Act 1974
The employer must provide the staff with the appropriate and up to date Health and Safety Training and PPE (personal protective equipment). Some job roles require the employee not to be mentally or physically impaired. For example, if a job role requires you to carry a weight that you are unable to carry due to your physical impairment, then that would not be considered discriminatory.
How to claim disability discrimination
To be supplied with the abovementioned workplace adjustments, it is always better to informally talk to your manager and if that does not work, the best thing to do would be to write a formal complaint to the HR department, you could then bring a claim for disability discrimination to the Employment Tribunal. Our advisers will assist you during the process, so please remember that you are not alone.
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