If you have been treated unfairly at work because of a disability, or because of something arising from your disability, you need an experienced disability discrimination lawyer on your side. At Paul Doran Law, we have specialised in employment law for over a decade. In that time, we have helped employees at every level pursue discrimination claims against employers of all sizes. We can help you from the earliest stage, whether that means advising you on your position, supporting you through an internal grievance, negotiating a settlement, or representing you before the Employment Tribunal in England or the Industrial Tribunal in Northern Ireland.
What is disability discrimination?
In England, disability discrimination is governed by the Equality Act 2010. In Northern Ireland, the equivalent legislation is the Disability Discrimination Act 1995 as amended, which continues to apply separately from the Equality Act. While the two regimes share the same broad purpose and many of the same principles, there are differences in how certain provisions are framed, and it is important to take advice that is specific to the jurisdiction in which you work. Our disability discrimination lawyers can advise on both.
A disability is defined, in both jurisdictions, as a physical or mental impairment that has a substantial and long-term adverse effect on your ability to carry out normal day-to-day activities. Long-term means that the condition has lasted, or is expected to last, at least twelve months. Some conditions, including cancer, HIV, and multiple sclerosis, are treated as disabilities from the point of diagnosis, without the need to satisfy the long-term test.
What types of disability discrimination are there?
Disability discrimination can arise in many situations, examples of which include:
- Direct discrimination, where you are treated less favourably than someone without your disability in the same or comparable circumstances
- Discrimination arising from disability, where your employer treats you unfavourably because of something that is a consequence of your disability, and cannot justify that treatment – this applies in GB only (not Northern Ireland)
- Indirect discrimination, where a provision, criterion or practice applied by your employer puts disabled people at a particular disadvantage compared to those who are not disabled
- Harassment, where conduct related to your disability creates an environment that is hostile, degrading, humiliating or offensive
- Victimisation, where you are treated badly because you have raised a complaint or supported someone else in doing so
- A failure to make reasonable adjustments, where your employer does not take sufficient steps to remove or reduce the disadvantage you face as a disabled person
We can help you identify which type of disability discrimination you have experienced and advise you on the strength of a potential claim.
What is the duty to make reasonable adjustments?
One of the most significant protections available to disabled workers is their employer’s duty to make reasonable adjustments. Where a provision, criterion, practice, or physical feature of the workplace places a disabled employee at a substantial disadvantage, the employer is required to take reasonable steps to address it. This duty applies in both GB and Northern Ireland.
What amounts to a reasonable adjustment will depend on the circumstances. It can include changes to working hours, reallocation of certain duties, provision of specialist equipment, adjustments to absence management procedures, or a phased return to work following a period of ill health. Employers do not have an unlimited obligation, and the question of what is reasonable takes into account the cost involved and the resources available to the business. That said, employers frequently underestimate what the law requires of them. We can help you challenge a refusal to adjust, or an adjustment that does not go far enough, and pursue the compensation you deserve.
How do you make a disability discrimination claim?
In England, Scotland and Wales claims are brought before the Employment Tribunal under the Equality Act 2010. In Northern Ireland, claims are presented to the Industrial Tribunal under the Disability Discrimination Act 1995. The time limit is the same in both jurisdictions: you must ordinarily present your claim within three months of the act of discrimination, or within three months of the last act in a continuing course of conduct. Those limits are applied strictly, and waiting too long will almost certainly result in your claim being rejected, regardless of its underlying merit.
Before issuing proceedings, you are expected to raise the matter internally through your employer’s grievance procedure. In England, claimants must notify ACAS and obtain an early conciliation certificate before a claim can be lodged with the Employment Tribunal. ACAS will offer conciliation, and while participation is not compulsory, the notification itself is a mandatory procedural step. The three-month period is paused while that process is underway.
In Northern Ireland, the Labour Relations Agency offers a comparable pre-claim conciliation service. Engaging properly with these processes matters, both because it can lead to resolution without the need for a Tribunal hearing and because a failure to do so can affect the level of compensation you ultimately receive.
We can help you prepare a grievance, engage with early conciliation, and assess whether a negotiated settlement is the right outcome for you.
What compensation can you recover?
There is no cap on the compensation that can be awarded in disability discrimination cases. An award can include a sum for financial loss, covering lost earnings, benefits, and pension contributions arising from the discriminatory treatment. It can also include a sum for injury to feelings, reflecting the personal impact the discrimination has had on you. Where the discrimination has caused a diagnosable psychiatric condition or made an existing mental health condition worse, a further award for personal injury may also be available, usually supported by medical evidence.
Where discrimination has caused you to lose your job, the Tribunal will also consider your future prospects and what you are likely to earn going forward. We will work with you to identify every head of loss and put together a schedule of compensation that properly reflects the full impact of what you have experienced.
How can our disability discrimination lawyers help?
Disability discrimination can take many forms, and it is not always obvious from the outset whether what has happened to you crosses the legal threshold. If you are unsure of your position, speaking to a specialist disability discrimination lawyer at an early stage can make a significant difference to the outcome. We can help you assess your options, navigate the procedural requirements in whichever jurisdiction applies to you, and pursue the outcome you deserve.
Every client receives a free initial consultation with one of our disability discrimination lawyers. There is no pressure to proceed, and the consultation is an opportunity to get straightforward answers before making any decision. To arrange yours, call us on 0808 168 7288 or get in touch through our website.