Get confidential disability discrimination legal advice from Employment Law Solicitors who have recovered substantial compensation for their clients. Call us on 03306069589 or contact us online and we will help you.
At Co-op Legal Services we have helped over 3,000 employees with their employment law claims and we can help you with your claim.
As part of the Co-op Group our values of openness, honesty, social responsibility and caring for others are core to the service we provide.
What is Disability Discrimination at Work?
There are various types of workplace disability discrimination:
- Direct: this is when an employee is being treated unfavourably at work, because of their disability.
- Indirect: when an employee is put at a disadvantage by workplace practices, because of their disability. For example, by insisting all employees must use the same computer screens and software, without making provision for those suffering from vision impairments.
- Discrimination arising from disability: an employer discriminates against a disabled person if he treats the disabled person unfavourably because of something arising in consequence of that disabled person’s disability, and it cannot show that the treatment is a proportionate means of achieving a legitimate aim, and it knew, or could reasonably have been expected to know, that the disabled person had the disability.
- Unlawful victimisation: Individuals who speak up to assert their rights under the Equality Act 2010 run the potential risk that they will be treated badly in retaliation. A person victimises an individual if he subjects that individual to a detriment if he does so because that individual performed a ‘protected act’ or he believes that that individual performed a ‘protected act’ or he believes that that individual may (at some point in time subsequent to the detriment being inflicted) do a protected act. ‘Protected acts’ are bringing proceedings under the Equality Act 2010 (either against the person now victimising or against anyone else) or giving evidence or information in connection with any such proceedings under the Equality Act 2010 or doing any other thing 'for the purposes of or in connection with' the Equality Act 2010 or making an allegation (which may or may not be an express allegation; i.e. may be implied) that there has been a contravention of the Equality Act 2010 by the person now victimising or any other person.
- Unlawful harassment: this involves subjecting individuals to conduct which is unwanted and is related to one or more of the protected characteristics e.g. disability where the unwanted conduct has the purpose or effect of violating the victim’s dignity or creating an environment that is intimidating, hostile, degrading, humiliating or offensive to the victim.
Your employer has the right to request details of your disability at the recruitment stage, so that they can make adequate adjustments for your workspace, in the event you get the job.
It is against the law in England and Wales to discriminate against an employee because of their disability. At the same time, it is not against the law to treat an employee favourably when making reasonable adjustments in relation to their disability.
The laws around disability in the workplace can be complex. That is why you need expert legal advice from specialist Employment Law Solicitors. Call us on 03306069589 or contact us online and we will call you.
I Think I’ve Been a Victim of Disability Discrimination
Disability discrimination in the workplace can be rather challenging to prove, which is why we suggest you get expert legal advice to help you understand your situation and if you have a claim.
Our Employment Law Solicitors help hundreds of employees with their disability discrimination at work claims every year. These employees come to us because of our professional expertise and our success rate.
When you contact us with details of your claim, an Employment Law Solicitor can assess the facts of your case and talk you through your options. If you wish to instruct a Solicitor, we will prepare a detailed report on the merits of your case and its prospects for settlement with your employer; either through ACAS or the Employment Tribunal.
This service starts from £840 including VAT. Once you get your detailed investigation report on the merits and value of your claim, we can, with your authorisation, progress to the next stage and negotiate with your employer for an additional fee of £300 including VAT.
Wherever you are with your disability discrimination claim – whether you are thinking of starting a claim or in the middle of negotiations with your employer - we may still be able to help you.
Disability Discrimination Claim Time Limits
If you have been a victim of disability discrimination at work in England or Wales, you must file a claim at the Employment Tribunal within three months, less one day, of the discriminatory act.
The Employment Tribunal time limit may be extended by up to 1 month after the ACAS Early Conciliation certificate has been issued. It is important that you obtain legal advice on the time limits in relation to you own specific circumstances.
Before starting Employment Tribunal proceedings you must first notify ACAS about your disability discrimination claim, they will then try and initiate a Early Conciliation with your employer, which can take up to one month (if both parties agree the process can be extended by a further 14 days).
If the conciliation process is unsuccessful (i.e. the parties are unable to settle their differences), ACAS will issue a certificate stating that the conciliation has been attempted and will provide you with a unique reference which you must provide to the Employment Tribunal when you lodge your ET1 Claim Form. Your claim can then be progressed to the Employment Tribunal.
For employment law advice call our Employment Solicitors on 03306069589 or contact us online and we will call you.
Co-op Legal Services has offices in Manchester, Bristol and London.