UK Employment Law\ Employer \ Disability Discrimination
Disability in the workplace
Disability in the workplace presents an employer with complicated issues. First of all, an employer cannot just dismiss someone because of a new disability. Therefore, the employer may need to look at issues about:
- Accessibility to the workplace;
- Specialised equipment;
- New working arrangements;
- Hospital appointments.
The Disability Discrimination Act 1996
The Act (DDA) provides protection to people with disabilities against employment discrimination. Falling foul of the legislation can result in a complaint being filed with an employment tribunal. If a case succeeds against the employer, regardless of how long the disabled person in question had served the organisation, there would be no limit to the amount of compensation that could be awarded.
- It is against the law for an employer of fifteen or more employees to discriminate against a disabled person;
- It is against the law for an employer of fifteen or more employees to discriminate against someone who has been disabled in the past (recruitment, terms and conditions, promotion, training, benefits, dismissal).
An employee is deemed to mean, for the purposes of this act, anyone who is self-employed, under contract, and/or serving an apprenticeship. The DDA’s provisions do not apply to companies employing fewer than fifteen people. There are also sections of the Act which outline certain categories of employees to whom the conditions do not apply at all.
Code of practice
There is a section in the Act outlining practical guidance on fulfilling obligations and avoiding being taken before a tribunal because of claims of discrimination. If an employer breaches the code of practice, it can count as relevant and admissible evidence at an employment tribunal.
What kind of discrimination?
The Act defines a disability as a physical or mental impairment that has a substantial and long-term adverse effect on how someone carries out everyday tasks.
The definition includes people who have learning disabilities, mental illnesses (recognised by a medical expert), recurring impairments (e.g. rheumatoid arthritis) and severe disfigurements.
People with conditions that are progressive are covered from the moment they lose the ability to carry out day-to-day tasks.
The definition does not include alcohol or drug addiction, nor does it cover hay fever, piercings and tattoos.
Action
It may be worth consulting with a solicitor to make sure your workplace conforms with disability legislation and that any disabled employees are treated fairly. There are specialist companies who can help fit ramps, hand-rails and other equipment to make life easier for employees. It is also worth considering fitting such equipment to make sure that any disabled clients and customers are catered for too.
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