Working with a Disability: Your Rights

What is a disability?

A disability is either a physical or mental impairment which affects your everyday activities both substantially and on a long-term basis. 

Long-term disability means that it is an impairment that either lasts for at least a year or possibly the remainder of your life. If your condition fluctuates, providing the effects can occur for at least 12 months, it is considered a disability.

A disability at work can include conditions which you may not normally consider yourself as disabled as a result of. This is because at work your employer needs to concentrate on the effect a condition has on you at work. Examples of disability conditions you may not see are considered as a disability include:

• chronic fatigue syndrome
• diabetes
• depression
• eczema
• schizophrenia

What is the Equality Act 2010?

Disability discrimination in the workplace is illegal. It is part of the disability discrimination law contained within the Equality Act 2010, which prohibits disability discrimination in the workplace. 

It is in the Equality Act where the definition of disability is found. If your condition is considered a disability and you have a disability in the workplace, you should not experience disability discrimination.

What is considered disability discrimination at work?

Disability discrimination at work can take place in various forms. 

1. Direct disability discrimination

This is where your employer treats you differently than an employee in the same position as you who does not have a disability.

2. Indirect disability discrimination

Indirect disability discrimination is where your employer puts in place a policy or rule which results negatively on you due to your disability.

3. Harassment

Your employee rights when you have a disability mean that your employer cannot harass you based on your disability. What this means is that they can't make your work environment hostile or intimidating, or one which causes a violation of your dignity. By law, your employer must also protect you from disability discrimination in the form of harassment from other people at work.

4. Victimisation

Victimisation in the workplace occurs when you have made a discrimination complaint or when you may do so. It is also when your employer thinks you may do either of these two things.

What are examples of disability discrimination?

The different types of disability discrimination can create a variety of examples of disability discrimination in the workplace. Here are some:

• rude jokes or comments about your disability or disabled people, which is harassment
• making you carry out things you are unable to do as a result of your disability, which is also harassment
• not being considered for promotion because you made a complaint about disability discrimination in the workplace ,which is victimisation
• failing to make reasonable adjustments required for a redundancy process
• hosting a work training event in a place which you can't access due to your disability
• providing a different amount of pay simply because you have a disability

How does the law protect against disability discrimination at work?

As disability discrimination in the workplace is illegal, if you meet the legal definition of having a disability, your employee rights mean you should not be discriminated against.

The law protects against disability discrimination at work by making certain actions unlawful. For example, your employer cannot discriminate against you through:

• arrangements for interviews
• the use of aptitude or proficiency tests
• job offers
• your employment terms such as your pay
• opportunities for training, transfer or promotion
• redundancy or dismissal
• instances of discipline or grievances

So, what this means, for example, in terms of how the law protects you from disability discrimination in the workplace is:

1. Recruitment 

Your employee rights mean that you cannot be asked about your health or your disability when being recruited for a job unless for specific reasons, such as to see if:

• you can take part in the interview,
• a reasonable adjustment is needed as part of the selection process
• for monitoring purposes

2. Redundancy and retirement

Your employee rights mean that it would be discrimination in the workplace if you are chosen for redundancy or asked to retire simply on the basis that you have a disability. 

So what are my disabled employee rights?

As a disabled employee, you of course still have employee rights. One of these is the right to reasonable adjustments in the workplace. 

A reasonable adjustment is where your employer is legally required to remove obstacles at work which you encounter as a person with a disability. This can include providing and adjusting things at work to remove these.  

You do not just have to be an employee to expect this right, as reasonable adjustments should also be made for:

• trainees
• apprentices
• contact workers
• business partners

A reasonable adjustment has the effect of ensuring that you aren't at a disadvantage in the workplace compared to those who do not have a disability. This could be by changing your working hours to allow you to work effectively with your disability.

What reasonable adjustments should an employer make?

Your employer must make reasonable adjustments for you providing they are in fact reasonable in the context. This means they must consider, for example, the:

• cost
• how it may affect others at work
• the effect on the business
• how likely it is that the adjustment will work

Your employer must pay for the reasonable adjustments. Contributions may be able to be made from the Government' s Access to Work scheme.

Below are some examples of reasonable adjustment in the workplace:

1. A change in the recruitment process to allow a person with a disability to have a chance of applying for the job
2. Your employer changing the way they do things such as not making an employee with social anxiety hot desk
3. Physical adjustments at work such as providing a ramp when a person with a disability needs to use a wheelchair
4. Providing equipment as a result of a person's disability such as a special keyboard due to a disability in the wrist or arm

What should I do if I experience discrimination in the workplace?

If you do happen to experience disability discrimination in the workplace there are some actions you can take, such as:

• letting your employer know informally through a meeting or a letter
• raise a formal grievance
• take legal advice
• make a claim to an employment tribunal

Could I make an accident at work claim as a result of disability discrimination? 

If you have unfortunately suffered an accident or injury in the workplace as a result of disability discrimination, you may be able to make a claim. Accident at work claims are something we at National Accident Helpline specialise in.

How could a claim help me move on from my workplace discrimination?

If you have experienced disability discrimination and have suffered an injury because of it, making a compensation claim can enable you to move on from workplace discrimination. A claim can:

• give you a lump sum of money to aid any change to your lifestyle as a result of the accident
• make your employer aware that disability discrimination in the workplace is not legal and should not occur
• turn around a negative situation into a positive one, such as by alerting others in the workplace to employees' rights

How do I make an accident at work claim?

If you have had an accident at work you may be able to make a claim for this. This includes if it was a result of disability discrimination in the workplace.

You may even be able to make the claim on a no-win no fee basis. This means that you do not take any risk should the accident in the workplace not be a result of disability discrimination in the workplace.  

Have you suffered from an accident at work due to disability discrimination in the workplace?

If you have suffered an injury as a result of disability discrimination in the workplace, you should be aware that employees' rights include ones for those with a disability at work. You may be due personal injury compensation as a result of the accident or injury, so call us now on as we may be able to help you in making a compensation claim. 

At National Accident Helpline, we understand the potential difficulties of having a disability at work in terms of carrying out your job. We are also sensitive to the fact that disability discrimination does take place despite not being allowed. So if you have suffered the latter and as a result experienced an accident at work you must get any compensation you are justifiably due.  

Living with a disability is difficult. Not to mention then undergoing an accident as a result of disability discrimination in the workplace. So at National Accident Helpline, we ensure that your claim process is as straightforward as possible. Our sympathetic and attentive advisors will carefully listen to the discrimination in the workplace you endured. We provide you with a simple facility to calculate your potential compensation online by using our compensation calculator.  Then one of our specialist solicitors will move your case forward as smoothly as possible.

Let National Accident Helpline help you today - Call today, request a call back here or begin your claim online.