Disability Discrimination Solicitors
People who have been discriminated against at work due to their disability are protected under the Equality Act 2010 (in England and Wales).
If you have been treated unfairly because of your disability, our specialist disability discrimination solicitors may be able to help. We support employees across the UK from our offices in Bristol and the surrounding area in Bedminster, Bishopston, Bristol city centre, Kingswood and Thornbury.
What is classed as disability discrimination?
Disability discrimination is when you are treated less favourably, unfavourably or unfairly for a reason related to or arising from your disability. It could be intentional or unintentional, but either way, it is against the law.
Disability discrimination can also apply to those who are connected to or care for someone with a disability. This is known as ‘disability discrimination by association’.
With discrimination by perception, you don’t need to have a disability to bring a discrimination claim if your employer believes that you have a disability and treats you differently as a result of this belief, even if you do not have a disability.
Disabilities covered under the Equality Act:
The Equality Act 2010 defines a disability as a physical or mental condition that has a ‘substantial and long-term negative effect on your ability to do normal daily activities’.
Under this act, you are protected if you have a substantial, long-term or progressive condition, i.e. a condition that gets worse over time such as Parkinson’s or Alzheimer’s disease.
What do these terms mean?
- ‘Substantial’ means that it has more than a minor impact on the person’s life or how they carry out day-to-day activities. For example, needing to use reading aids or to have extra time to complete tasks because you have dyslexia.
- ‘Long-term’ means that the disability will affect a person now and likely for at least 12 months, or for the rest of their life.
Conditions that fluctuate are also covered, for example, e.g. Fibromyalgia.
Some disabilities are automatically treated as such under Schedule 1, Part 1 of the Equality Act, even if they don’t affect your ability to carry out day-to-day activities. Examples include:
- Cancer.
- Being certified blind or visually impaired.
- HIV positive.
- Multiple Sclerosis (MS).
The Equality Act can also protect people who have a past disability, even if it no longer affects them.
Some people who are neurodiverse, including those who have ADHD, autism and/or dyslexia, will also be considered disabled, but it will depend on whether the symptoms and characteristics of their neurodiversity fall within the definition of ‘disability’ within the Equality Act. People who experience menopause, long Covid and other similar conditions are also likely to meet the definition of ‘disability’ within the Equality Act.
Types of disability discrimination
There are currently six types of disability discrimination covered under the Equality Act 2010:
- Direct discrimination: for example, a job applicant tells a potential employer during an interview that they have depression, and the employer does not appoint them solely because they presume they will need time off work.
- Indirect discrimination: this is when an employer has a way of working or policy that impacts those with a disability. For example, a policy states that staff are only allowed one break between certain hours. An employee who has diabetes needs to eat regularly and between meals but the employer refuses to change its policy ‘just for them’.
- Failure to make reasonable adjustments: employers have a duty to make reasonable adjustments so that disabled people can access jobs, education and services. For example, ensuring a wheelchair user has access to a desk that is the right height for their needs.
- Discrimination arising from disability: this is when someone is treated unfairly due to something associated with their disability, for example, having time off for medical appointments.
- Harassment: a person is subject to degrading or offensive comments or behaviour, and/or made to feel humiliated, due to their disability.
- Victimisation: this is when a person is treated unfairly because they have made a complaint about disability discrimination. For example, an employer threatens to fire an employee who made a complaint unless they agree to withdraw it.
Blog | Workplace discrimination: what employers need to consider
How our disability discrimination solicitors can help
Our employment law solicitors have proven experience in advising workers who have experienced disability discrimination at work. We understand that experiencing discrimination of any kind is distressing and can have a huge impact on your ability to carry out your work and day-to-day life.
If you have experienced disability discrimination, our specialist team will support you in claiming against your employer and guide you through the process. Our discrimination disability lawyers advise workers across the UK from our offices in Bristol and the surrounding area in Bedminster, Bishopston, Bristol city centre, Kingswood and Thornbury. Get in touch for more information.
Our priority is to secure the best outcome for you to help and our advice will be practical and tailored to your situation. If we cannot resolve your issue through conciliation and your case goes to an employment tribunal or court, we will be at your side to ensure your best interests are represented and protected.
Our lawyers specialise in a range of areas of employment law, including age discrimination, sex discrimination, religious discrimination, maternity discrimination, and constructive dismissal and unfair dismissal. Call us on 0117 325 2929 to find out how we can help you.
Disability discrimination FAQs
The Equality Act classifies a disability as a physical or mental impairment that has a substantial, adverse, and long-term effect on your ability to carry out day-to-day activities. What affects one person may not affect another in the same way, so it is not simple to classify disabilities. However, these are some examples of conditions that may not be classed as a disability, such as:
- Alcohol or drug dependency (although if you have liver disease as the result of alcohol addiction, this could be classed as a disability).
- Hay fever (although an allergic condition that is severe or life-threatening could be classed as a disability).
- Some anti-social personality disorders, e.g. a tendency to be impulsive.
You do not have to tell your employer that you are disabled. Disclosing a disability is a personal decision, and there is no obligation on anybody to do so. However, there are many reasons why disclosing a disability to an employer (or potential employer) is a positive action that will protect you in the workplace. If you do tell them, your employer has a duty to support you, by making your working environment safe, supportive and accessible. As a result, it is wise to talk to your employer or potential employer about your disability, whatever the severity or implications.
You can disclose a disability at any point, whether during your job application or interview or when you are employed.
Under the Equality Act 2010, your employer has a legal obligation to make reasonable adjustments for employees with disabilities.
Examples of reasonable adjustments include:
- Offering the option for flexible working.
- Providing Adapted equipment such as chairs or desks.
- Adjustment of targets set.
Your employer also has a responsibility to protect you from the actions of other employees (this is called ‘vicarious liability’). Anyone who discriminates against someone at work is also responsible for their actions, so you can make a claim for disability discrimination against individuals as well as employers.
If you believe that you have been treated unfairly at work because of your disability, the first step is to talk to your employer about your experience. Dealing with the matter internally can be incredibly effective. You can have another person with you during this discussion.
If this doesn’t resolve the issue or you are unhappy with the outcome, the next step is usually to go through the formal grievance process. If your employer does not have its own procedure, you can follow the ACAS Code of Practice.
If the conduct is such that you feel unable to continue with your employment, it is sensible to seek advice from an employment solicitor at this stage before any grievance is raised. It may be that it is appropriate to explore other claims at this time, including constructive dismissal.
In any event, if you are still not satisfied with the outcome, you should get in touch with our specialist disability discrimination solicitors. We will guide you on the next step, which is usually going through the ACAS Early Conciliation Process and attempting to settle things with your employer through conciliation.
You have three months less one day from the last act to start the Early Conciliation Process.
It is not uncommon for acts of discrimination to spread over a longer period, but the tribunal will need to consider whether some acts should be grouped together as part of a continuing act, or whether the acts are unconnected, and occurred as standalone events. Alternatively, the tribunal may decide that, in the circumstances, it is just and equitable for it to extend the time for making the discrimination claim. Your employment lawyer can discuss time limits with you, but it is important to seek advice as soon as possible, so you are not restricted by the tribunal time limits.
If conciliation fails, we can advise you on claiming via an employment tribunal and, if that is the case, you will be supported by our experts.
Positive discrimination in the workplace could be hiring a candidate over another (who is equally qualified) because they have a protected characteristic that is underrepresented.
It is lawful to use positive action during recruitment, but it is rare. The employer must be able to prove that the applicant with the protected characteristic, e.g. a disability, is disadvantaged because of it or that the characteristic is under-represented in that workplace.
When providing proof or evidence for a disability discrimination claim, the onus is initially on the employee or worker (Claimant) to prove that the facts of their case give rise to a suggestion of discrimination, or that discrimination has occurred in the absence of any other explanation.
If the worker can provide facts that show their treatment was discriminatory, the burden of proof will shift to the employer. The employer must then show that discrimination was not the reason for the employee’s treatment.
Contact our disability discrimination solicitors in Bristol
If you have been treated unfairly because of your disability, our disability discrimination lawyers may be able to help. We can advise you on the process and what steps to take next.
To speak to our specialist Employment Law team, call 0117 325 2929 or fill out our online enquiry form.