Discrimination solicitors and disability
If you think you have been unfairly discriminated against at work because of your disability, solicitors can help to bring a claim against your employer with the aim of compensating you.
Call us and we will be able to help you claim compensation from your work.
The Disability Discrimination Act
The Disability Discrimination Act 1995 defines a disability as a physical or mental impairment which has a substantial and long term adverse effect on the ability of the disabled person to carry out normal day-to-day activities.
Disabilities include many types of physical and mental difficulties, such as:
- Loss of mobility
- Problems with memory
An employee may also be considered disabled if they suffer from a long-term illness, such as:
The DDA means that an employee is still protected against discrimination, even if medical treatment, rehabilitation or disability aids have helped to correct their disability.
Development of the law
The Act had some of its provisions introduced over a number of years, with assistance given to businesses to adjust their buildings to make them accessible for disabled people.
It should also be noted that the provisions of the Act were not draconian and cited ‘reasonable adjustments’. ‘Reasonable adjustments’ meant that if the business was small and had no disabled employees then it might not be reasonable to ask the business to make expensive adjustments.
However, if a small ramp at low cost could be purchased then it might be reasonable for the business to make the change. The Code of Practice gives some guidance on reasonable adjustment and cites some considerations for businesses.
As well as the Act, there are various other regulations and guidance that should be considered and as a result, if you are involved in a discrimination claim, you should instruct specialist employment solicitors.
Discrimination at work
Disability discrimination claims do not require that the claimant is an employee. Employers should also be represented if they are accused of discrimination because of a disability. Solicitors will advise you that even though an employee was acting in breach of rules or regulations, you could still be held liable for discrimination in your firm.
Disability discrimination claims can be brought against businesses that discriminate when recruiting; for example if they fail to make proper arrangements that allow them to interview a disabled applicant.
If you think you have been discriminated against because of your disability, solicitors who specialise in these claims may be able to take your case on a no-win, no-fee basis.
This means that the solicitor will prepare a written agreement which states that you will not have to pay your solicitor’s costs unless you win your case.
Want more information on workplace discrimination? See our useful information page on discrimination at work.
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