What is disability discrimination?

Under the Equality Act 2010, it's unlawful for you to be discriminated against in the workplace because of a disability. While you might think that this relates only to severe physical disabilities such as paraplegia, the Equality Act 2010 exists to protect you against all forms of disability discrimination, including mental health issues such as long-term depression, stress and anxiety. In fact, if you have any condition that affects your ability to carry out everyday activities to any significant extent, and which has lasted, or is likely to last for 12 months or more, your disability may fall under the protection of the Equality Act 2010 as one of the nine protected characteristics.

The Act also provides protections from discrimination suffered due to the disability of a person with whom you are associated, known as ‘associative discrimination’, as well as any victims of discrimination who are perceived to be disabled even if they are not.

That's why, if you believe that you've been discriminated against on account of any disability - whether physical or mental, while you were at work or during the recruitment process - speak to one of our experienced employment discrimination solicitors today. Call us on 0330 041 5869 or contact us online and we'll call you.

What is an example of discrimination due to disability?

Unfortunately, our disability discrimination solicitors come across many forms of discrimination against people with disabilities. These can include:

• Being unfairly selected for redundancy because of a disability
• Being dismissed on account of a disability, perhaps because of punctuality issues that are directly related to your disability
• Offensive comments being made about your disability, which are ignored or inadequately dealt with by your employer
• Failure by your employer to agree to a request for reasonable adjustments to be made to your workplace
• Failure by your employer to agree a request for flexible working for example, that might make your journey to and from work more manageable, by virtue of enabling you to avoid rush hour crowds on public transport

If you believe that you've been discriminated against at work, or during the recruitment process due to any disability, speak to one of our experienced employment solicitors today. Call us on 0330 041 5869 or contact us online and we'll call you.

Are there different types of disability discrimination at work?

While all forms of disability discrimination are unlawful, they fall into four broad categories; each of which presents its own challenges:

• Direct discrimination: this occurs when you are treated unfairly as a direct consequence of your disability, for instance being overlooked for a job or promotion
• Indirect discrimination: this is when a policy or rule negatively impacts those with a disability, for instance not allowing additional or flexible breaks in the working day to allow someone to manage their condition
• Victimisation: This can happen when you've made a complaint about disability discrimination in the workplace and have subsequently been treated unfairly.
• Harassment: this is when you're subjected to verbal or physical behaviour that makes you feel humiliated, intimidated, offended and belittled, or where a hostile environment has been created.

Do mental health issues count as a disability?

Yes, they do. The Equality Act 2010 prohibits discrimination against people with mental health issues in exactly the same way as it protects those with physical disabilities. In fact, the definition of disability under the Equality Act 2010 can include a wide range of mental health issues including debilitating conditions such as long-term depression, stress and anxiety issues. This means that your employer has a legal duty to make sure you're not discriminated against, harassed or victimised because of any mental health issues you may have. Your employer may also have a duty to make reasonable adjustments.

If you've been dismissed from your job or discriminated against because of mental health issues, the Equality Act 2010, and our experienced and understanding team of solicitors, are both on your side. Call us on 0330 041 5869 or contact us online and we'll call you.

Why choose Slater and Gordon’s disability discrimination solicitors?

Everyone has the legal right to be treated fairly and with respect in the workplace. Disability discrimination can be incredibly troubling, causing difficulties not only at work, but with your health and well-being too. It is therefore critical that if you’re experiencing disability discrimination at work, you speak to a specialist solicitor who can help work with you to set things right.

Our friendly and compassionate employment team have an outstanding track record of success in handling disability discrimination at work cases, and many of our solicitors have received recognition from esteemed legal publications such as Chambers and Partners and the Legal 500. With a wealth of experience and expertise, you can trust that you are in good hands.

To learn more about how our team can help you, speak to one of our specialist disability discrimination solicitors today.