Employment Disability Discrimination Advice For Employers

How to prevent disability discrimination in the workplace

How does the Equality Act 2010 prevent discrimination?

The Equality Act 2010 addresses discrimination against disability in the workplace. Certain conditions are automatically covered by the legislation from the point of diagnosis, including cancer, HIV and multiple sclerosis.

What is considered a disability in the workplace?

Your employee is disabled under the Equality Act if a) they have a physical or mental impairment, and b) the impairment has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities.

The law also protects any of your employees who are discriminated against because of the disability of a family member, friend or other people they associate with.

Disability discrimination law can be complex, so it is important to consult with a specialist employment disability discrimination attorney if you believe this is happening in your business.

Types of disability discrimination

• Direct discrimination at work occurs when a person is treated less favourably because of their disability.
• Discrimination arising from disability – where a person is treated unfavourably because of something arising in consequence of their disability unless this treatment can be objectively justified. It is not necessary to compare the treatment with someone else.
• Indirect discrimination is where a provision, criterion or practice disadvantages people with a disability – including the individual concerned – compared to those without that disability unless the provision is a proportionate means of achieving a legitimate aim.
• Failure to make reasonable adjustments is discriminatory when a provision, criterion or practice is applied or a physical feature of premises exists that substantially disadvantages a disabled person. You are obliged to make reasonable adjustments such as installing equipment, reallocating duties or changing workplace polices
• Harassment is unwanted conduct related to disability which has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment. The harassment need not be because of the person’s own disability for it to be unlawful. There is no defence of justification in respect of harassment.
• Victimisation is where a person is treated less favourably because of action they have taken under or in connection with the legislation. For example, if someone formally complains of disability discrimination at work or supports someone who is complaining of disability discrimination in the workplace.
• Associative disability discrimination is when someone is treated unfairly because someone associated with them is disabled – for example, not employing a person because they have a disabled child.
• Perceived disability discrimination is discrimination against someone because of a perceived disability, even when that person is not actually disabled. For example, declining to employ someone because they have a mild hearing impairment which does not technically meet the criteria for disability under the law.

How we help you protect disability rights in the workplace and avoid disability discrimination

Disability discrimination at work is complex and it can be difficult for you as an employer to understand your duties and obligations in relation to disability discrimination law. We can provide workplace law advice for employers to help you put together best practice procedures to prevent unintentional disability discrimination in your organisation.

We can also provide HR consultancy and training on dealing with long-term sickness absence and how to make reasonable adjustments if someone’s disability makes it difficult or impossible to continue in their role. We also offer advice on redundancy and Settlement Agreements if it is impossible for one of your employees to continue in their role.

There is no justification for failing to make reasonable adjustments for your disabled employees, so it is vital to get this right.

For expert advice from our employer disability discrimination attorneys, contact us on
01273 609911, or email info@ms-solicitors.co.uk.