EMPLOYMENT LAW - DISABILITY DISCRIMINATION
Employment Law Disability Discrimination Questions
We list here the most commonly asked questions in relation to disability discrimination. If you have any other questions please contact us using the information at the bottom of this page.
What is a disability?
The definition of "disabled" within the meaning of the Act is intended to include people who would generally be considered to be disabled and it is likely that there will generally not be any doubt as to whether a person has a disability. However, to be able to bring a claim under the Act, a person must first establish that they have a "disability".
For the purposes of the Act 'disability' as a physical or mental impairment which has a substantial and long-term adverse effect on a person's ability to carry out normal day-to-day activities.
The effect of an impairment is generally to be regarded to have a long-term effect if it has lasted at least 12 months, or if it is likely to last at least that long, or if it is likely to last the rest of the affected person's life, or if it is likely to recur if it is in remission.
An impairment is to be taken to affect the ability to carry out normal day-to-day activities only if it affects one of the following:
- mobility
- manual dexterity
- physical co-ordination
- incontinence
- the ability to lift carry or otherwise move everyday objects
- speech, hearing or eyesight
- memory or ability to concentrate, learn or understand
- perception of the risk of physical danger
- What does discrimination mean?
Discrimination under the Disability Discrimination Act 1995 is:
- less favourable treatment of a person with a disability within the meaning of the Act, for a reason related to his or her disability, than other people, and this treatment cannot be justified.
- failure by an employer to comply with a duty to make a reasonable adjustment in relation to the disabled person, and the failure cannot be justified. (An employer cannot justify less favourable treatment if, by making a reasonable adjustment, it would remove the reason for the treatment.)
What does "reasonable adjustment" mean?
A reasonable adjustment is any step(s) (for example, re-organising the work space, providing equipment, ensuring wheel-chair/disabled access) that it is reasonable for an employer to take in all the circumstances.
What does "reasonable" mean?
In assessing whether it will be reasonable for the employer to have to make a particular adjustment the following will be taken into account: -
- the effectiveness of the particular adjustment in preventing the disadvantage;
- the practicability of the adjustment;
- the financial and other costs of the adjustment and the extent of any disruption caused;
- the extent of the employer's financial and other resources; and
- the availability to the employer of financial or other assistance to help make an adjustment.
Failure to make reasonable adjustment can only be justified if the reason for failing to do so is relevant to the circumstances of the particular case, and substantial.
Does an employer's duties apply to all areas of employment?
Yes. These include:
- recruitment;
- terms and conditions of service;
- arrangements made for employees who become disabled (or who have a disability which worsens);
- pensions;
- dismissal;
- opportunities for promotion, transfer, training or receipt of other employment benefits; or refusal of such opportunities.
Are there any exceptions from the Act?
Yes. Employers and employees not covered by the Act are:
- employers with fewer than 15 (full or part-time) employees;
- prison officers, firefighters, members of a police force;
- employees who work wholly or mainly outside Great Britain;
- members of the Armed Forces; and
- people who work on board ships, aircraft or hovercraft.
What are the time limits for bring a complaint under the Disability Discrimination Act 1995 before the employment tribunal?
Anyone who considers that they have been discriminated against can make a claim to an employment tribunal within three (3) months of the date the discrimination took place.
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