If you need urgent advice on a discrimination matter relating to disability, or advice on any aspects of the Equality Act, speak to one of our disability discrimination solicitors today on 020 8088 9100 or by using our online contact form here. We offer the full range of employment law services, so our experts will have the specialist experience to help.
What is Disability Discrimination?
- It occurs when someone is treated unfairly or differently because of a physical or mental impairment, as defined by the Equality Act 2010.
- The Equality Act 2010 protects individuals from discrimination at work, during job applications, and in the provision of goods and services.
- It can take many forms, including direct discrimination and indirect discrimination, harassment, and victimisation.
Types of Disability Discrimination
Direct Disability Discrimination
- Direct disability discrimination occurs when someone is treated less favourably than others because of their disability.
- This can include being refused a job, being paid less, or being subjected to different rules or policies.
- Direct discrimination can be intentional or unintentional.
Indirect Disability Discrimination
- Indirect disability discrimination occurs when a policy or practice puts a disabled person at a substantial disadvantage.
- This can include a requirement to work long hours, a lack of flexible working arrangements, or a failure to provide reasonable adjustments.
- Indirect discrimination can be justified if it is a proportionate means of achieving a legitimate aim.
Discrimination arising from disability
- Discrimination arising from disability claims (sometimes just referred to as “discrimination arising” claims) are claims brought under section 15 of the Equality Act 2010.
Discrimination in the Workplace
Failure to Make Reasonable Adjustments where there is a physical or mental impairment
- Employers have a duty to make reasonable adjustments to prevent a disabled person from being put at a substantial disadvantage.
- This can include providing accommodations, modifying policies, or providing additional support.
- The reasonableness of an adjustment depends on the employer’s size, resources, and funds available.
Harassment and Victimisation
- These are forms of discrimination that can occur in the workplace.
- Harassment includes unwanted conduct related to disability that has the purpose or effect of violating someone’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.
- Victimisation occurs when someone is treated less favourably because they have made a complaint or allegation of discrimination.
Bringing a Disability Discrimination Claim
Time Limits and Procedures
- Disability discrimination claims must be brought within three months of the discriminatory act.
- Claims must be made to an employment tribunal, and the claimant must have completed the Early Conciliation process with ACAS.
- The tribunal will consider the evidence and make a decision on the claim.
Compensation and Remedies
- Compensation for disability discrimination can include financial losses and “injury to feelings” to compensate the victim for stress and anxiety caused by the employer’s unlawful acts.
- The amount of an award may be increased if the employer acted in a malicious manner.
- Remedies can also include a declaration, an injunction, or a recommendation.
Choosing the Right Disability Discrimination Lawyer
Expertise and Experience
- Specialist disability discrimination solicitors have the expertise and experience to advise on complex disability discrimination cases.
- They can help you understand your rights and available options, and provide guidance and support throughout the process.
Personal Approach and Support
- A good disability discrimination lawyer will take a personal approach and provide support throughout the process.
- They will listen to your concerns, answer your questions, and provide clear and concise advice.
Why Choose Our Disability Discrimination Lawyers?
Specialist Knowledge and Expertise
- Our disability discrimination lawyers have specialist knowledge and expertise in disability discrimination law.
- They have a proven track record of achieving successful outcomes for clients.
Proven Track Record
- Our discrimination lawyers have a proven track record of achieving successful outcomes for clients.
- They have experience of handling complex and high-value cases, and are recognized as industry leaders in disability discrimination law.
Contact Us
- If you believe you have been discriminated against because of a disability, contact us today to speak to a specialist disability discrimination solicitor.
- We offer a free, no-obligation consultation to discuss your case and provide guidance and support.