Lawson West’s expert employment solicitors and lawyers have significant experience of cases where employees face disability discrimination in the workplace.
It is unlawful for an employer to discriminate on the basis of a disability against an employee or worker if the reason is connected to or because of your disability. Disabled people can work alongside their non-disabled colleagues without any or very little special assistance.
Disability is defined as a person suffering with a physical or mental impairment that has a substantial and long term negative effect on their ability to carry out normal daily activities.
There are only three conditions that automatically qualify as disabilities which are Cancer, HIV and Multiple Sclerosis. If you suffer with any other condition, this may constitute a disability if your circumstances fulfil the definition. Examples of this could be:
Conditions which do amount to disabilities are addiction or dependency to alcohol, nicotine, or any other substance (other than in consequence of the substance being medically prescribed), seasonal allergic rhinitis (hayfever, except where it aggravates the effect of another condition), tendancy to set fires, tendency to steal, tenancy to physical or sexual abuse of other persons, exhibitionism and voyeurism.
To bring a claim of discrimination, you will need to demonstrate that you are or were an employee or a worker, or were applying for a job as an employee or worker. There is no qualifying period of employment required to bring a claim for discrimination.
To present a claim, you must contact ACAS and complete Early Conciliation within three months starting from the date of the last act of discrimination.
It is possible that if you are dismissed simply because of your disability, that you are disabled and/or for situations that were only as a result of your disability this could amount to an act of discrimination giving rise to claims.
If you are dismissed from employment without any reason or evidence provided you are entitled to request these from your employer. If the reasons given are connected to your disability, you may be able to seek recourse in an Employment Tribunal.
In situations where you face possible redundancy, this can also be unfair if the reason for your selection is connected to you being disabled or unable to perform the same due to your disability. In situations where you feel you are being treated unfairly due to your disability and this could lead to your dismissal, you may also hold claims.
If you have experienced disability discrimination at work, we can help. Please remember there are strict time limits in Employment claims and you should take good free legal advice as soon as possible.
In addition to No Win No Fee, Lawson West solicitors act for our clients on a variety of other funding arrangements including Legal Expenses insurance funding. We can assess your case to decide which is the best funding option for you.
With offices in Leicester and Market Harborough our employment solicitors and lawyers can discuss your employment law claim at any of our branches. In addition, we are a national provider of expert employment law advice and welcome a free discussion with you regarding your circumstances and potential claim.
If you want to see us face to face, we run four employment law walk-ins each week at our offices in Leicester and Market Harborough and this initial meeting with you is FREE of charge. We’ll look at your paperwork and advise on the best course of action. We can also meet with you digitally on Teams if you’re in another part of the country, in fact, we advise individuals on their employment legal needs right across the UK.
From settlement agreements, to redundancy, dismissal and disability and other types of employment dispute situation, we’re on hand to support and advise you. Please get in touch as soon as you can, as deadlines might apply.
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According to Ministry of Justice Figures, there were 6,550 disability discrimination claims at employment tribunals last year. This is a 37% increase on the year before, and represents a growth rate which is eight times faster than the increase in total claims over the same period.
Often individuals suffer from multiple complaints that could in essence be considered as a Disability in accordance with the Equality Act 2010. Recently, colour blindness has been determined within the Employment Tribunal as an impairment, but the Claimant’s red-green colour blindness could not be considered a disability under the Equality Act 2010. Cases such as this could leave many wondering whether or not they have the right to make a disability claim.
