Health discrimination at work happens when an employer treats you less favourably because of a physical or mental health condition, or fails to properly consider the effect your condition has on your working life. It often happens when an employer focuses only on absence, performance or workplace inconvenience, without weighing the legal protections that may apply.
Legal protection can apply where a physical or mental impairment has a substantial and long-term effect on your normal day-to-day activities. You can read more on our main disability discrimination page.
Health discrimination at work can arise at any stage of employment. You may have concerns about how your employer has handled sickness absence, return to work, capability procedures, disciplinary action, redundancy selection, promotion opportunities, or day-to-day treatment by managers and colleagues. In some cases, the issue may also involve a failure to consider reasonable adjustments, or unfair assumptions about what you can and cannot do.
Lawson West’s health discrimination lawyers have significant experience helping employees in these situations. We can help you understand whether the treatment you have experienced may amount to disability discrimination, harassment, victimisation or unfair dismissal. We can advise on the strength of your position, help you raise concerns internally, review correspondence and paperwork, support you through grievance or disciplinary processes, and where appropriate prepare your claim for the next stage.
Examples can include:
If any of this sounds like what you’re dealing with, call Lawson West on 0116 212 1000 for a free initial conversation with an employment solicitor.
Employment claims are subject to strict time limits. In most cases you have three months less one day from the date of the treatment you are complaining about to start a claim, and you will usually need to notify Acas for early conciliation within that period. Early advice matters — even a short delay can affect your options.
Initial discussions with Lawson West are free of charge. Depending on your circumstances, we can also talk through funding options, including No Win No Fee in suitable cases and Legal Expenses insurance that may be available on your home or other policies. We will always be clear with you about costs and what to expect at each stage.
With offices in Leicester and Market Harborough, our employment solicitors can meet you in person or speak with you remotely. Lawson West also advises clients nationally, so wherever you are based, you can talk to an experienced member of the team about your position and the practical next steps open to you.
If your matter is more specifically linked to workplace disability rights, our disability discrimination solicitors can also advise on the wider legal protections available. Please contact us for a confidential discussion.
Health discrimination can happen when an employer treats you less favourably because of a physical or mental health condition, fails to make reasonable adjustments, or makes decisions about sickness absence, capability, dismissal or promotion for reasons connected to your health. Depending on the circumstances, it can include direct discrimination, indirect discrimination, harassment, victimisation and failure to make reasonable adjustments.
It may be. The law protects a physical or mental impairment that has a substantial and long-term effect on your normal day-to-day activities. Conditions such as depression, anxiety, PTSD, bipolar disorder and OCD can meet this test depending on severity and duration. We can advise on whether your particular circumstances are likely to qualify.
Reasonable adjustments are practical changes an employer can make to remove a disadvantage caused by your condition. Examples include adjusted hours, a phased return, remote working, changes to duties, additional equipment, or adjustments to a disciplinary or capability process. Your employer has a duty to make these adjustments where it is reasonable to do so.
In most health and disability discrimination cases you have three months less one day from the date of the treatment you are complaining about to start a claim. You must also notify Acas for early conciliation within this period. Time limits are strict, so it is important to take advice as soon as possible.
Initial discussions with Lawson West are free of charge. Depending on your circumstances, we can also talk through funding options including No Win No Fee in suitable cases and Legal Expenses insurance that may be available on your home or other policies.
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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