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RJM Law, Laywer
Category: Employment Law
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Experience:  LL.B (Hons)
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Question About Disability Discrimination in the Workplace

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Question About Disability Discrimination in the Workplace following an Employment OrderI worked for a new employer. I had to go off on the sick with suspected Covid 19 in March 2020. They knew I suffered with anxiety and depression and was on medication for ti as I had disclosed it. I was rung at home to say that I could work from home and not to worry about anything. But when they asked me how I was coping and I said that I was having panic attacks I was ring back the following day and told that I no longer had a job there.It is my belief that when they found out that my depression disorder had been triggered (by suspected covid) they no longer wanted to continue to employ me.The Court wants to know the following:Say whether it is alleged to be direct discrimination, discrimination arising
from disability, indirect discrimination, a breach of the duty to make
reasonable adjustments

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Thank you, ***** ***** can be more than one of the list.  If you believe that they have knowingly and willingly discriminated against you due to you ailments this would be a direct discrimination.  It could also qualify as a  discrimination arising from disability.  You can list both of these as the reasons if you so wish.

I shall provide you with a helpful link that will assist you in finding a solicitor/representative near your local area.  This will provide you with someone nearby your area who can assist you if required.

I hope this information proved helpful.  You will find a local solicitor who deals with these matters on the law society webpage which is as follows;

https://solicitors.lawsociety.org.uk/ (England)

https://www.lawscot.org.uk/find-a-solicitor/ (Scotland)

https://www.lawsociety.ie/Find-a-Solicitor/Solicitor-Firm-Search/ (Ireland)

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Customer: replied 10 days ago.
Please can you explain both to me (i) How direct discrimination could have occurred, and (ii) How discrimination arising from a disability, please.

Direct discrimination is when they have knowing and willingly discriminated against you due to the disability, and directly in relation to that disability.  Discrimination arising from a disability is when you are discriminated against due to a factor arising from the disability but not the disability itself.

Customer: replied 10 days ago.
Can I say that I was Directly Discriminated against by removing my employment from me as they didn't want to continue with me as I suffering from anxiety. There is another issue, as they asked me if I needed help with my anxiety. We had already arranged that I would be working from home, so I said, that that would be the type of reasonable adjustment that I would have been looking for. However, the next day they fired me. So they did not have the reasonable adjustment, or my employment.Please note however, that everyone was about to work from home. So the suggestion of working from home in March 2020 was due to Covid, not my disability. But as I told them, working from home supported my disability.

If you can show it was directly due to your disability then yes you can say this for Direct Discrimination.  I would need to review the claim to look at the reasonable adjustments part as they did allow you to work from home however the removal of these could be seen as a failure to make reasonable adjustments or contribute to the discrimination.

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