Disability Discrimination Claims
Have you suffered disability discrimination in the workplace? Claims National is a disability discrimination expert and can help you with a claim for compensation.
It is unlawful to discriminate against workers because of a physical or mental disability or fail to make reasonable adjustments to accommodate a worker with a disability.
Disability Discrimination can be a very complex area – contact us NOW to speak to our employment law team who will be more than happy to provide you with FREE expert advice.
The Equality Act 2010 states that it is against the law to discriminate against a disabled person in the workplace, and provides disabled people with protection from discrimination in a range of areas, including employment.
A disabled person is someone with a physical or mental impairment which has a long term effect on their ability to carry out day to day activities. Employers are obliged to take this into consideration, especially regarding the use of telephones and computers, interacting with colleagues, following instructions, driving, and carrying objects.
There are four main types of disability discrimination, which are; direct discrimination, indirect discrimination, harassment, and victimisation.
Direct discrimination covers three areas of discrimination; being treated differently and/or unfairly because of their actual disability, because of their perceived disability, or because of the disability of someone they are associated with.
Indirect discrimination applies when there is a certain policy, rule or practice in the workplace that puts people with disabilities at a disadvantage.
Harassment can be committed in two different forms; unwanted conduct, and less favourable treatment of an employee because of their disability.
Unwanted conduct is when a person’s dignity is violated, or they are made to feel intimidated, degraded, and humiliated, regarding their disability. This can be done by bullying, nicknames, threats, inappropriate questions, exclusion, and insults.
Finally, victimisation is when an employee suffers some form of disadvantage, damage, harm or loss because of their disability, or for making/supporting/giving evidence in a complaint about disability discrimination.
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As an employer, it is part of your duty of care to ensure that discrimination does not take place at work, as well as implementing practices and procedures to resolve any discrimination issues that may occur. Failure to do so can enable the discriminated employee to make a claim for compensation, of which they may be able to claim up to a 4 years’ salary.
All employees should be made fully aware that discrimination will not be tolerated in the workplace, as it can have a massive negative impact on the victim’s life. Being discriminated at the workplace can make the victim’s feel degraded and humiliated, have low morale and productivity, have increased absences and could potentially gain work related stress illnesses.
It is significant for employers to have harassment and bullying policy in place, as discrimination in the workplace is at their liability. The employer must also ensure that all employees fully understand the policy, and feel that they can talk to somebody if they feel that they are being discriminated in any form.
These policies should be put in place in order to prevent disability discrimination in:
- Determining pay, and terms and conditions of employment
- Training and development
- Selection for promotion
- Discipline and grievances
- Countering bullying and harassment
- When an employee is dismissed.