Disability Discrimination

​

Definitions

​

Disability discrimination occurs when an employee is treated unfairly or unfavourably because of a disability. Under the Equality Act 2010, a disability is defined 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. Discrimination can take many forms, including direct discrimination, indirect discrimination, harassment, and victimization.

​

Legal Requirements

​

To protect employees from disability discrimination, UK law sets out several legal requirements:

​

• Reasonable Adjustments: Employers are required to make reasonable adjustments to the workplace or work practices to accommodate employees with disabilities. This could include modifying equipment, altering working hours, or providing additional support.

• Non-Discrimination: Employers must not treat employees less favourably because of their disability. This includes in areas such as recruitment, promotion, training, pay, and dismissal.

• Protection from Harassment: Employees with disabilities are protected from harassment related to their disability. Harassment can include unwanted behaviour that creates a hostile or intimidating work environment.

• Protection from Victimization: Employees are protected from victimization if they raise concerns about disability discrimination or support a colleague in doing so.

 

Real life Examples with Case Law

​​

Case Example: Archibald v. Fife Council (2004)

  Situation: Archibald, a road sweeper, developed a disability and was unable to continue in her role. She was dismissed after applying for over 100 alternative roles within the council.
  Outcome: The House of Lords ruled that the council had failed to make reasonable adjustments by not reassigning her to a suitable role, leading to a successful disability discrimination claim.

Case Example: Cordell v. Foreign and Commonwealth Office (2011)

  Situation: Cordell, a deaf diplomat, requested lip-speaker support in her role. The Foreign Office argued that the cost of this adjustment was too high.
  Outcome: The Employment Appeal Tribunal (EAT) found that while the cost was significant, the refusal to provide the adjustment was justified based on the disproportionate financial burden.

Case Example: Nottinghamshire County Council v. Meikle (2004)

  Situation: Meikle, a visually impaired teacher, was denied reasonable adjustments, which led to her taking sick leave.
  Outcome: The tribunal ruled in Meikle's favor, stating that the council had failed to make reasonable adjustments, and she was awarded compensation for discrimination.

Case Example: Shah v. Lloyds TSB Bank plc (2003)

  Situation: Shah, who had a disability, was denied a promotion due to her condition. She claimed that the bank's decision was discriminatory.
  Outcome: The tribunal found that the bank had discriminated against Shah by not considering her for the promotion based on her disability.

Case Example: Paterson v. Commissioner of Police of the Metropolis (2007)

  Situation: Paterson, a police officer with dyslexia, was denied promotion because of his condition.
  Outcome: The tribunal ruled that the police force had failed to make reasonable adjustments for Paterson's dyslexia, resulting in a successful claim for disability discrimination.

Case Example: Griffiths v. Secretary of State for Work and Pensions (2015)

  Situation: Griffiths, who had a disability, was dismissed after her employer refused to make adjustments to their absence management policy to accommodate her condition.
  Outcome: The Court of Appeal found in favor of Griffiths, stating that the employer should have made reasonable adjustments to the policy.

Case Example: Owen v. Amec Foster Wheeler Energy Ltd (2019)

  Situation: Owen, an engineer with a disability, was dismissed after his employer failed to make reasonable adjustments to his role.
  Outcome: The tribunal ruled in Owen's favor, stating that the dismissal was discriminatory and awarded him compensation.

Case Example: G4S Cash Solutions (UK) Ltd v. Powell (2016)

  Situation: Powell, who developed a back condition, was moved to a less physically demanding role but at a lower salary. He claimed this was discriminatory.
  Outcome: The tribunal found in favor of Powell, ruling that the employer should have maintained his salary as a reasonable adjustment for his disability.

Case Example: Aylott v. Stockton on Tees Borough Council (2010)

  Situation: Aylott, who had bipolar disorder, was dismissed after the council failed to properly consider reasonable adjustments.
  Outcome: The Court of Appeal found that the council's actions amounted to disability discrimination, and Aylott was awarded compensation.

Case Example: J v. DLA Piper UK LLP (2010)

  Situation: J, a lawyer with depression, was dismissed after taking extended sick leave. He claimed that the firm failed to make reasonable adjustments.
  Outcome: The tribunal ruled that the firm had discriminated against J by not adequately considering adjustments that would have allowed him to return to work.

​​

​

How We Can Help

​

• Evaluate Your Case: We will thoroughly assess the circumstances surrounding your resignation to determine if you have a strong claim for constructive dismissal.

• Gather Evidence: We will assist you in collecting the necessary evidence to support your claim, including documentation of the breach of contract and any relevant communications with your employer.

• Negotiate on Your Behalf: If appropriate, we can negotiate with your former employer to seek a settlement before proceeding to a tribunal.

• Represent You in Tribunal: Should your case go to tribunal, we will provide expert representation to ensure your rights are protected and to maximize your chances of a successful outcome.

​