If you have been treated unfairly at work because of a health condition or disability, you may be able to bring a disability discrimination claim against your employer. Many people are unsure whether what happened to them counts as discrimination, or what making a claim involves. This guide explains the kinds of treatment that can give rise to a claim, what you need to show, and what to expect from the process.
At Paul Doran Law, employment law is all we do, and we act only for employees. Our solicitors have built up more than 30 years of experience, and from our offices in Belfast, Leeds, London, and Newcastle we help people throughout the United Kingdom stand up to unfair treatment. We pride ourselves on giving straight, honest advice, so that you can make decisions about your case with confidence.
What is a disability discrimination claim?
A disability discrimination claim is a way of holding your employer to account when you have been treated badly because of a disability, or because of something connected to it. It can be brought by people who are still employed as well as by those who have left or been dismissed. The aim is to put right the wrong you have suffered, whether that means compensation, a change in how you are treated, or both.
What kinds of treatment can you claim about?
Disability discrimination can take many forms. For example, you might be treated worse than colleagues because of your condition, passed over for promotion, or singled out for criticism. You might be penalised for something connected to your disability, such as time off for treatment or a period of sickness absence.
A claim can also arise where an employer refuses to make reasonable changes that would help you carry out your role, or where you face unwanted and hostile behaviour connected to your disability. If you have complained about any of this and been treated badly as a result, that too can form part of a claim.
What do you need to show?
Broadly, you need to show that you have a condition that counts as a disability, and that you were treated unfairly because of it or because of something connected to it.
A disability is generally understood to mean a physical or mental impairment that has a substantial and long-term effect on your everyday activities, which covers a wide range of conditions. Evidence is central to any claim, so documents, emails, medical information, and a clear account of what happened all help to build a strong case. If you are unsure whether your situation qualifies, we can talk it through with you.
What does the claims process involve?
Most claims begin with raising the matter internally, often through a grievance, which gives your employer the chance to put things right. If that does not resolve matters, the next stage usually involves a formal process aimed at reaching a settlement, and many claims are settled without ever reaching a hearing. Where a fair outcome cannot be agreed, the claim can proceed to a tribunal, which will consider the evidence and decide the case. We explain each step as it comes, so you always know what is happening and what your choices are.
What could a successful claim achieve?
A successful claim can result in compensation for your financial losses, such as lost earnings and benefits, together with an award for the distress the treatment has caused you. Where you remain in your job, a claim can also lead to practical changes in how you are treated, so that you can continue working without facing the same difficulties. The right outcome depends on what matters most to you, and we shape our approach around your priorities.
Do you have to leave your job to bring a claim?
No, you can bring a disability discrimination claim while you are still employed, and many people do exactly that. It is not acceptable for an employer to punish you simply for raising a genuine complaint, and if that happens it can strengthen rather than weaken your position. We understand that taking action against a current employer can feel daunting, but it is not unusual, and we will support you sensitively at every stage.
How long do you have to bring a claim?
It is important not to wait to make a disability discrimination claim. Time limits for bringing a claim are short and strictly applied, often only a few months from the treatment you are complaining about, and in some cases measured from the last in a series of related events.
Because the clock can start earlier than people expect, and because gathering evidence and trying to resolve matters internally take time, it is best to seek advice as soon as you can. Getting in touch early keeps your options open and avoids the risk of losing the right to claim through delay.
How can we help?
We offer a free initial enquiry call in which we will find out some details about your case and inform you of your options before you decide whether to proceed. From that first conversation through to the resolution of your case, we will be firmly in your corner.
To find out whether you have a disability discrimination claim, arrange a free initial consultation with one of our specialists. You can reach us on 0808 168 7288 or make an online enquiry here.