Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for?
ok thanks, ***** ***** with me please I will respond first thing i the morning as I am due to go offline now, thank you
Good morning, this could indeed be potential disability discrimination. First of all you would need to establish whether you meet the definition of ‘disability’.
In the legal sense of the word, disability can have a broad meaning and there is no single list of medical conditions that qualify. Instead, to establish whether a person is disabled, they need to show that they meet the legal definition of a ‘disability’.
The Equality Act 2010 defines a disability as a “physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities”.
I will break this definition down:
If a person satisfies the above criteria, they will be classified as being disabled and will have automatic protection against discrimination, which means that they must not be treated unfavourably because of their disability. In addition, their employer would have a duty to make reasonable adjustments if they are likely to be placed at a substantial disadvantage when compared to non-disabled employees.
This is your main argument – that the employer is not making reasonable adjustments to accommodate you and make sure you are not placed at a disadvantage in terms of promotion when compared to other employees that are not disabled. They could for example be more lenient when it comes to the promotion criteria or if there are any changes they could make to help you further then these would be expected to be implemented unless it is clear that it is impossible to do so.
If someone who is disabled is being treated unfavourably because of their disability or their employer has failed to make reasonable adjustments it would potentially amount to disability discrimination. The first step would be to raise a formal grievance. The next step would be to consider whether a claim for disability discrimination should be made in an employment tribunal (the time limit for claiming is only 3 months from the date of the alleged discriminatory act taking place). As a final resort you can also consider resigning and claiming constructive dismissal but that can be risky and you are placing yourself out of a job too so only use that as a last resort.
Hope this clarifies your position?
Great, you are most welcome