Disability Discrimination

Disability Discrimination

Helping you to help Limbcare to fight the injustices you may have suffered! We have teamed up with Turbervilles Solicitors and we can now recommend them as a trusted legal professional partner on all matters relating to disability discrimination. They can help you with any issue you may have with:

• your employer or prospective employer;

• service providers (eg shops, cinemas and restaurants);

• clubs and associations;

• schools and higher educational establishments; and

• transport providers.

What is disability discrimination?

This is when you are treated less well or put at a disadvantage for a reason that relates to your disability in relation to the above. The treatment could be a one-off action, the application of a rule or policy or the existence of physical barriers which make access difficult or impossible. The discrimination does not have to be intentional to be unlawful.

Different types of disability discrimination

Direct discrimination
This happens when someone treats you worse than another person in a similar situation because of your disability.

Indirect discrimination
This happens when an employer or organisation has a particular policy or way of working that has a worse impact on you compared to people who are not disabled. This is unlawful unless there is a good reason for the policy and it is proportionate. This is known as ‘objective justification’.

Failure to make reasonable adjustments
Employers and organisations have a responsibility to make sure that disabled people can access jobs, education and services as easily as non-disabled people. This is known as the ‘duty to make reasonable adjustments’.
Disabled people can experience discrimination if the employer or organisation doesn’t make a reasonable adjustment. This is known as a ‘failure to make reasonable adjustments’.
For example, because of your disability you need a parking space close to the office. However, your employer only gives parking spaces to senior managers and refuses to give you a designated parking space.
What is reasonable depends on a number of factors, including the resources available to the employer or organisation making the adjustment. If an employer or organisation already has a number of parking spaces it would be reasonable for it to designate one close to the entrance for you.

Discrimination arising from disability
You are also protected from discrimination arising from disability. This protects you from being treated badly because of something connected to your disability, such as needing time off for medical appointments. This does not apply unless the person who discriminated against you knew you had a disability or ought to have known. This is unlawful unless the employer or organisation is able to show that there is a good reason for the treatment and it is proportionate. This is known as ‘objective justification’.

Harassment occurs when someone treats you in a way that makes you feel humiliated, offended or degraded. This can never be justified. However, if an employer or organisation can show it did everything it could to prevent people who work for it from behaving like that, you will not be able to make a claim for harassment against it, although you could make a claim against the harasser.

If you believe you have suffered disability discrimination, please call Marc Jones, Partner in the Employment Department at Turbervilles on 01895 201719 or send him an email to marc.jones@turbervilles.co.uk and quote “Limbcare”.