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Disability at Work and the Equality Act

By: Ross Wigham - Updated: 18 Jul 2018 | comments*Discuss
 
Disability Dda Disability Discrimination

Employment opportunities for disabled people have changed dramatically over the past few years, with a host of legal changes being introduced to help improve things. Employers have also started to become far more aware of the need to recruit the best possible candidates, regardless of any disabilities they may suffer from.

It's now widely recognised that disabled people have a valuable role to play in the UK workforce, whether on a full time, part time or temporary basis.

The legislation that protects and helps those with a physical or mental disabilities is The Equality Act 2010

The act actually makes it illegal for you to be discriminated against because of anything related to your disability. Employers are also required to make necessary adjudgements to allow for your disability.

What is Classed as a Disability?

The original Disability Discrimination Act (DDA) (1996) - which is now superseded by the Equality Act, lays down a specific definition of 'disabled person', for the purposes of the law:

"a physical or mental impairment that has substantial long term adverse effects on normal day-to-day activities."

Although the full definition is lengthy, it includes most physical and mental disabilities that have a serious impact on your ability to complete daily tasks. The impairment must also last, or be expected to last, for more than a year.

To be classed as a disability the impairment must affect one of the following areas:

  • Mobility
  • Manual dexterity
  • Physical co-ordination
  • Continence
  • The Ability to lift, carry or otherwise move everyday objects
  • Speech, hearing or eyesight
  • Memory or the ability to concentrate, learn or understand
  • Perception of the risk of physical danger.

The full definition can be found at the website of the Department of Work and Pensions (www.dwp.gov.uk)

Getting a Job

The laws are designed to help make the jobs market a fairer place for Disabled People, by eliminating discrimination and encouraging employers to think beyond the traditional stereotypes.

Employers now have a duty to make 'reasonable adjustments' to working practices or the Working Environment to ensure that disabled people aren't put at a disadvantage.

For example, this could mean improving access into your place of work or providing specialist equipment to aid disabled people at work.

The duty to make these sorts of changes even applies to the recruitment process, so disabled people aren't put at a disadvantage during an interview.

Disability Discrimination

This is now a serious offence which can land unscrupulous employers at an Employment Tribunal.

It is illegal to discriminate against disabled people in any part of working life including decisions around dismissal or redundancy. This also includes:

  • Promotion
  • Training
  • Salary and benefits
  • Victimisation or harassment.

If you think you have been discriminated against an employment tribunal application should always be a last resort. Think about all your options before taking any action - a meeting with a manager or lodging a formal complaint may help resolve the matter.

However, if you do decide to take further action, any tribunal claim must be made no later than three months after the discrimination took place.

Getting Help

If you are currently looking for work the local Job Centre can help put you in touch with specialist advisors.

Disability Employment Advisors can provide information and guidance on all types of workplace issues as well as your legal rights.

The Disability Rights Commission (DRC) is an independent body created to stop discrimination and promote equality of opportunity for disabled people. The DRC has a wealth of information on employment issues and can offer practical advice, guidance and support.

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Due to health issues (Cancer and a major car accident) I have requested my employer to reduce my working hours. They are willing to do this but are wanting to change my contract so that all benefits I had previously i.e. flexi hours will be removed. I have no issues with the salary reduction to reflect the smaller hours worked but am concerned that working the fixed hours impacts job (I will have top work flexible hours occassionally) and hinder an future Hospital/ doctors appointments. If they persist in making this change can this be classed as discrimination?
Terry - 18-Jul-18 @ 10:41 AM
All these anti discrimination laws areonly there so as to comply with the law on paper in practice there is no protection for disabled people never as and never will be, Ihave first hand experience working for a local council was forced out with their corrupt crooked HR andmanagers lying , as a disabled person was treated badly after some time off for sickness and was not shown any help or compassionand the unions are just has badseems they arethere to help the company by offering bad advice.
Boyoal - 21-Mar-18 @ 8:20 PM
I have depression and ptsd after being sexually abused when I was a child. I am 19 and work at the coop food. I need to have time off as I'm self harming and am suicidal but if I have time off, even with a sick note I will have a disiplinery when I get back and I won't get paid. I also have vasovagal syncope which means my blood doesn't circulate properly and I pass out a lot, especially at work. Well they are making me do my job in the bakery but also doing everyone else's job on the deli and the fresh section, and then I get told off when I can't complete my job. I don't know what to do. They know about all of this but do not support me.
kaye - 3-Oct-16 @ 8:19 PM
A colleague has twice been refused their annual increment on two separate occasions, 2008 and 2011, even though the company admits they have hit their annual targets. The reason they give is that my colleague has had too much time off with her cancer and that she did not appeal the decision at the time. The company did not inform her that she had not recieved her increment at the time and she only found out after the three months deadline. Is there a case for appealing these decisions now?
chad - 13-Dec-12 @ 9:06 AM
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