Being dismissed can be devasting, but if it’s due to a disability, it’s not just unfair – it could also be illegal. The law protects employees from disability discrimination, and if your employer has treated you unfairly, you may have grounds for a claim. Understanding your rights is the first step toward getting the justice you deserve.
The Legal Framework: Equality Act 2010
Disability discrimination in the workplace is illegal under the Equality Act 2010. This law protects employees from being treated unfairly due to specific “protected characteristics,” including disability.
Employers are legally required to make reasonable adjustments to help disabled employees carry out their work. Dismissing someone because of their disability or failing to provide necessary adjustments before dismissal may be unlawful discrimination.
What Counts as Disability Discrimination in the Workplace?
Disability discrimination occurs when an employer treats an employee unfairly because of their disability. The Equality Act 2010 protects individuals from this type of discrimination, ensuring that disabled employees have the same rights and opportunities as everyone else.
What are the Types of Disability Discrimination?
Disability discrimination in the workplace can come in many forms, such as:
- Direct discrimination – When an employer treats you less favourable because of your disability, for example not hiring a candidate simply because they are disabled.
- Indirect discrimination – When a workplace policy, rule, or practice puts disabled employees at a disadvantage. For instance, a strict attendance policy that penalises employees who need time off for medical treatment.
- Failure to make reasonable adjustments – Employers must make necessary changes to accommodate disabled employees. For example, refusing to provide ergonomic equipment for an employee with mobility issues.
- Harassment – Unwanted behaviour related to your disability that creates a hostile work environment. For instances, jokes or negative comments about your condition.
- Victimisation – Treating someone unfairly because they complained about disability discrimination, such as being demoted after raising concerns about workplace accessibility.
What Can I Do If I am Facing Disability Discrimination?
If you believe your dismissal was due to your disability, taking action quickly is crucial. The first step is to raise the issue with your employer. This can be done informally through a discussion or formally by submitting a grievance letter outlining your concerns.
If your employer does not address the issue, you may need to take legal action. A claim for unfair dismissal or disability discrimination can be brought before an Employment Tribunal, but strict time limits apply—you typically have three months less one day from the date of the discrimination to start the process.
Seeking legal advice early can help you understand your options and strengthen your case. An experienced solicitor can assess your situation, help gather evidence and represent you if necessary.
Contact Us Today
For more information about making an disability discrimination claim, call us on 01642 843 667; alternatively, complete our online contact form and one of our employment solicitors will be in touch.
