Disability discrimination

Disabled people are protected against discrimination in the workplace. A disability is a physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities. It is long-term if it is likely to last at least 12 months or for the rest of a person’s life.

It is unlawful for employers to discriminate against disabled people. Employers must not:

• treat a job applicant or employee less favourably than others because of a disability
• discriminate against a person because of a connection with someone else who is disabled
• treat an employee unfavourably for a reason connected with a disability
• have a policy or requirement that places disabled people at a disadvantage unless it can be justified
• subject a disabled employee to harassment
• victimise a disabled employee because they have made or intend to make a complaint of disability discrimination
• ask job applicants pre-employment health questions unless for prescribed reasons
• fail to comply with its duty to make reasonable adjustments where a disabled applicant or employee is placed at a substantial disadvantage

If you are an employee or job applicant and you believe you have been treated unfavourably or placed at a disadvantage for reasons connected with a disability we will be able to provide you with clear advice as to your legal rights and the options open to you. This may include assisting you with dealing with your employers, negotiating the resolution of issues or if necessary bringing a claim to an Employment Tribunal.

If you are an employer we will ensure that you have appropriate policies and procedures in place to minimise the risk of discrimination arising and can advise you as to the appropriate means of dealing with issues that arise in relation to disabled employees on a day-to-day basis. We can also provide you with expert advice and assistance in the event that you do have to contend with Employment Tribunal proceedings.