An employer/potential employer may not differentiate in the treatment of a disabled employee based on that individual’s disability. This means that disabled individuals are to be provided the same opportunities as non-disabled individuals in all areas, including work, services and facilities and in respect of the provision of goods and services.
Disability is defined as “a physical or mental impairment, which has a substantial and long-term negative effect on the ability to carry out normal day-to-day activities.” More information on mental health discriomination can be found here.
To be considered disabled you must show that your physical and/or mental impairment(s):
- have lasted for more than 12 months, or
- be expected to last for 12 months, or
- be expected to last until the individual’s death if their life expectancy is less than 12 months
An impairment is judged as having an affect on the individual’s ability to carry out of normal, day-to-day activities if any of the following are compromised:
- the ability to use hands, such as for writing or cooking
- mobility
- memory
- the ability to concentrate, learn or understand
- physical coordination
- the ability to lift, carry or move ordinary objects
- continence (the ability to control your bladder or bowels)
- speech, hearing or eyesight
- being able to recognise physical danger
Disability Discrimination differs slightly between Northern Ireland and the UK. However in general the types of discrimination are largely the same.
Direct Discrimination
This happens when somebody treats you less well than another person who doesn’t have a disability and the other person’s circumstances and abilities are the same as, or very similar to yours.
There is no defence to direct discrimination
Discrimination by Association
This protects your family and friends from direct discrimination because you or someone close to you has a disability.
For example, you need to make up some work hours that you missed when you took your son to a medical appointment for his epilepsy. Your employer is not flexible in the way you can make up the work hours. However, your colleague takes her son, who does not have epilepsy, to a doctor’s appointment. Your employer is very flexible in the way she can make up her hours.
Indirect Discrimination
This happens when you are put at a disadvantage to other people, because of some practice, procedure or criteria that apply to everyone puts you as a disabled person at a particular disadvantage; and there isn’t a fair explanation for that rule or practice.
Examples
A rule that all employees must be able to show walk up steps. If you are wheelchair bound, this rules puts you at a significant disadvantage.
Discrimination Arising from a Disability
This happens when somebody treats you unfavourably; and the treatment is because of something arising from your disability; and they knew, or should have known, that you had the disability; and they can’t give a fair reason for that unfair treatment.
There are some difference between legislation applicable to Northern Ireland and the rest of the UK. We will discuss any differences with you if the need arises.
Examples
You have a long absence from work because of cancer. Your employer dismisses you because of that absence, even though they could have covered your work duties during your absence. This is discrimination.
Failure to make a Reasonable Adjustment
Sometimes, people or organisations may need to make a reasonable adjustment in respect of your disability. This is to make sure that you are not put at a substantial disadvantage to other people, just because you have a disability. Failure to make this adjustment could be illegal. The person or organisation that has the duty to make the adjustment is not allowed to pass any cost of making them on to you.
Reasonable adjustments can include:
- making changes to a rule, requirement or practice
- making changes to buildings or premises
- providing equipment that will help you.
Examples
An employer could allow you to start and finish work later than other employees, if you usually have seizures as a result of your epilepsy first thing in the morning, provided this fits in with their working practices.
More information on reasonable adjustments can be found by clicking here.
Harassment
This happens when somebody behaves towards you in a way you don’t want, such as taunting or bullying, and the behaviour has the purpose or effect of violating your dignity (failing to treat you in a respectful way), or creating an intimidating, hostile, degrading, humiliating or offensive environment for you.
Your employer has a duty to protect you from harassment by the people you work with. If your colleagues bully you because of your disabilty, your employer may be considered responsible for this.
Example
You suffer from dyslexia. Your colleagues make abusive and insulting comments about you and your reading ability. This could count as harassment.
Victimisation
This is when somebody treats you less well than other people, because you have complained of disability discrimination; or they treat you less well because you have helped somebody else to complain about disability discrimination.
Example
You are not invited to office social events because you supported a colleague when they complained about discrimination at work.
Make an Enquiry Now
To make a free enquiry based on any of the issues raised on this page please contact us on 0808 168 7288, or complete the online contact form at the top right of this page.