Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
What are you ideally hoping for and why do you think you have been discriminated against?
OK thank you, ***** ***** it with me. I am in court for the rest of today so will prepare my advice in a while and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.
Can I just check on what grounds do you believe you were treated unfairly - you mention discrimination but what was the discriminatory ground?
Thank you. The length of a tribunal claim can vary based on many factors, such as availability at the tribunal, the complexity of the case, the parties’ conduct and so on. I have seen tribunals last from 3 months to over 2 years so it is very difficult to predict how long yours would last.
In terms of discrimination, if you are classified as disabled under employment law and were treated detrimentally as a result of that, then there can indeed be a discrimination claim against the employer. As long as you were treated unfairly because of the disability, both before and after the redundancy, you are able to claim for both incidents. You would however have to show that you were indeed disabled at the time and that the reasons for the treatment were related to your disability.
This is your basic legal position. I have more detailed advice for you in terms of the law on disability and how to determine if you are disabled, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Thank you. 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.