What is disability discrimination?
Disability discrimination occurs when an employee, work or agency worker is treated unfairly because of their disability. Discrimination can happen in various ways, some of which are outlined in our discrimination page. However there are two specific types of discrimination that specifically relate to disability, which are discrimination arising from a disability and a failure to make reasonable adjustments.
What is a disability?
A disability is defined in the Equality Act 2010 as any physical or mental impairment which has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities. This can be broken down into four questions:
1. Does the person have an impairment which is either mental or physical?
2. Does this prevent the person from carrying out normal day-to-day tasks, and does it have an adverse effect?
3. Is the adverse effect substantial (i.e. more than just a slight effect)?
4. Is the adverse effect long-term (i.e. at least one year)
In the most basic sense, a person has to show that they suffer with a condition that prevents them from living a normal life without help or hindrance. There are of course some impairments that are automatically classed as a disability, such as cancer, HIV or being registered blind, and some such as alcohol addiction or hay fever are excluded from being a disability. The key thing to remember however, is that the condition has to impact a person’s day-to-day life, not just simply affect them in the workplace.
Who can bring a claim for disability discrimination?
A claim for discrimination is not just restricted to employees. Anybody working for the employer, that is a ‘worker’ can bring a claim for discrimination as the definition of ‘employee’ in the Equality Act is very wide and so it also includes workers such as casual workers, police officers, apprentices and office holders. If that person is able to show that they have a disability by meeting the test outlined above, they may be able to pursue a claim.
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Discrimination arising from a disability
Discrimination arising from a disability occurs when a disabled person is treated:
1. Unfavourably because of something arising from, or in consequences of, their disability; and
2. The employer cannot show that the treatment is a proportionate means of achieving a legitimate aim; and
3. The employer knew or could reasonably have been expected to know, that the disabled person had the disability.
This can be readily explained using an example.
A person suffering with a disability that causes chronic pain is likely to have more sick days than a non-disabled person. If that person was subjected to disciplinary action because of the number of absences, this could lead to a claim for discrimination arising from a disability. That person could argue that, but for the disability, they would not have had so many absences and that the employer should make adjustments to accommodate this and, where possible introduce measures to reduce the absences such as permit homeworking on difficult days.
However, turning this around, if the employee was off sick due to disability-related absence for a significant period of time, and was unable to provide a return date in the foreseeable future, the employer may be able to argue that any dismissal is a proportionate means of achieving a legitimate aim. That is to say that they are unable to continue to employ someone who is unable to work.
Failure to make reasonable adjustments
Under the Equality Act 2010, employers have a duty to make reasonable adjustments where:
- a provision, criterion and/or practice puts a disabled person at a substantial disadvantage in comparison with jobs applicants or workers who are not disabled
- a physical feature of the premises occupied by an employer puts a disabled person at a substantial disadvantage in comparison with non-disabled job applicants or workers
- the lack of an auxiliary aid puts a disabled person at a substantial disadvantage in comparison with non-disabled job applicants and workers.
If you are placed at a disadvantage and request a reasonable adjustment at work, and your employer refuses or otherwise fails to provide the adjustment, you may be able to pursue a claim. It is worth remembering, however, that any request for adjustments must be reasonable. For example, an employee who asks to be moved from the third floor to the ground floor due to mobility issues is likely be requesting a reasonable adjustment. However, a request that a lift to be installed to the third floor would not be considered a reasonable adjustment.
How can PM Law help you?
We can help with ACAS early conciliation and will speak to the conciliator and assist by clarifying your claims and the issues between you and your employer. We can also help you negotiate a settlement. If your employer won’t offer you fair compensation we can help you to pursue a claim in the employment tribunal.
To speak to one of our employment experts you can call 03300 532182. Alternatively, you can fill out the form on this page or send an email with details of your claim to employment@pm-law.co.uk. Our solicitors are on hand to discuss how we can help.
Employment Law FAQs
Didn’t find the answers you were looking for? Look at the FAQs below for more information on our employment law claims process.
You can make an unfair dismissal claim if you've been in continuous employment for at least two years.
Under the terms of the Equality Act 2010, it's your right to claim for unfair dismissal if you've been discriminated against during your employment.
The amount of compensation you could receive for unfair dismissal varies depending on several factors, including the specific circumstances of your case and the jurisdiction in which you are filing the claim.
When assessing the compensation for unfair dismissal, employment tribunals typically consider the following elements:
Basic Award: This is calculated based on your age, length of service, and weekly pay, and it is subject to a statutory cap. The exact calculation formula may differ depending on the jurisdiction.
Loss of Earnings: The tribunal will consider the actual financial loss you suffered as a result of the unfair dismissal. This may include the income you would have earned during the notice period or until you find alternative employment.
Future Losses: In certain cases, if it is determined that you will experience difficulties finding new employment or face a significant reduction in earnings, the tribunal may award compensation to cover future losses.
Benefits and Bonuses: If you lost out on benefits, bonuses, or other entitlements due to the unfair dismissal, the tribunal may consider including these in the compensation.
Each case differs and there is no set amount of compensation you will receive.
Workplace bullying is offensive, intimidating and malicious behaviour that's intended to undermine an individual or group of employees.
If you think you're a victim of workplace bullying, then you should raise this with your employer and bring evidence if possible.
Our hourly rate is £177 + VAT of £35.40.
We have different pricing options: –
- We can offer our service under a Damages Based Agreement – “No Win, No Fee”. If your claim is successful, we will charge you 35% of any compensation received inclusive of VAT.
- We can accept instructions on a private paying basis:
- Simple case – £5,000 + VAT of £1,000 – £7,000 + VAT of £1,400
- Medium complexity case – £7,000 (+ VAT of £1,400) – £12,500 (+ VAT of £2,500)
- High complexity case – £12,500 + VAT of £2,500 – £17,500 + VAT of £3,500
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Disbursements
Counsel’s fees for a hearing could amount to anything as high as £1,500 + VAT of £300 per day.
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