An expert guide to your rights with a hidden disability, by employment lawyer, Paul Doran of Paul Doran Law.
Definition of disability
Under the Equality Act 2010, disability is defined as:
‘A physical or mental impairment which has a substantial and long-term adverse effect on your ability to carry out normal day-to-day activities.’
Many disabilities are not visible, including autism, learning difficulties, sight/hearing impairments, auto-immune conditions, mental health conditions, and more.
If you live with a hidden disability, people are unlikely to realise unless you tell them. If your employe doesn’t know about your health situation, they can’t be blamed for treating you differently because of it.
You therefore have a responsibility to let them know. You also have rights…
Your rights
You should be treated with respect, and not disadvantaged compared to people who don’t share your condition.
Examples of direct discrimination include:
- Failure to get a job because the employer assumes you’ll need lots of time off
- Not being promoted because you had a panic attack
- Disciplinary action taken against you when you work slowly and have lower productivity due to a mental disability
Examples of indirect discrimination include:
- Policies and procedures that have a negative impact on you compared with other people
- Demanding that work is submitted via an online portal that doesn’t work with screen readers
- Insisting you’ll need a driving licence when driving isn’t a core part of the job
If you have been discriminated against because of your disability, whether directly or indirectly, in order to make a claim you’ll need to prove that your employer knew about your condition and used it as a reason to treat you differently.
Your employer’s responsibilities
Your employer should make ‘reasonable adjustments’ to take account of your disability.
Examples of reasonable adjustments include:
- Allowing you to park near the entrance (if you have reduced mobility)
- Allowing regular breaks (if you have chronic pain or fatigue)
- Adjusting your working hours (if you’re drowsy in the mornings)
They should also ensure that you are not harassed, bullied or victimised in the workplace.
If they introduce a policy, criterion or practice that disadvantages you, they will have to prove that it’s ‘objectively justified’ and a ‘proportionate means of achieving a legitimate business aim’.
If they don’t comply with these responsibilities, you may be able to make a claim of disability discrimination against them.
What this means to you
There are strict time limits to bring a claim in the employment tribunal. We specialise in this type of work, and only ever act on the side of the employee, never the employer. Give us a call early on and we’ll advise.
Related reading
- Disability discrimination: What you need to know
- My employer will not help with my disability
- I’ve been dismissed and I’m disabled
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