UK Employment Solicitors - http://www.employmentintegration.co.uk/

Disability Discrimination Solicitors - UK Tribunal Compensation Claim

Individuals who have been discriminated against or who have received unfair treatment due to a disability may be eligible to receive compensation from an employer. If you think your employment was wrongfully terminated or you were treated unfairly, one of our disability discrimination solicitors can intervene on your behalf and negotiate a settlement with your employer for either reinstatement and/or compensation.

Under the Disability Discrimination Act 1996, individuals with disabilities are granted the right to equal employment opportunities. The legislation also mandates fair treatment in the workplace for those with physical or mental disabilities. In all aspects of employment, from recruitment and training to benefits and promotions, disabled people must be treated with fairness and equality.

The statute defines a disabled person as an individual with a mental or physical impairment which has a long-term or permanent effect on their ability to engage in the normal activities of day-to-day life. The definition of 'disabled' under this legislation is fairly broad. If you are unsure as to whether the statute applies to your particular condition, contact us today to speak with a disability discrimination solicitor who can advise you on these matters.

An employer cannot differentiate in their treatment of a disabled employee based on a worker's disability. They are entitled to the same opportunities as other employees in all areas of work. Disability under this act states all disabilities must be treated fairly - whether mental or physical, long term or temporary, although certain conditions apply to temporary disabilities. It includes protection from discrimination for individuals with complete or partial loss of hearing or vision, multiple sclerosis, HIV/AIDS, severe disfigurement etc.

Violations

According to the Disability Discrimination Act 1996, the legislation can be violated in one of two ways. One type of violation occurs when an employer intentionally treats disabled employees differently from other employees, if this treatment puts the disabled person at a disadvantage. The second type of violation occurs when an employer does not make reasonable accommodations for the disabled employees needs.

HMSO Code Of Practice

A code of practice called "Elimination of discrimination in the field of employment against disabled person or persons who have had a disability" is published by Her Majesty's Stationery Office (HMSO). The purpose of the code of practice is to guide employers and trade unions in making provisions for the employment of disabled persons and avoiding disability discrimination.

New regulations were published in October 1994. The additional regulations require businesses to make specified changes to the physical structure of their place of business. The purpose of the new regulations is to ensure that all business premises can be accessed by disabled persons. The regulations are outlined in "Code of Practice - Rights of Access, Goods, Facilities, Services and Premises.”

Actionable Disabilities

The legislation specifies certain disabilities which are actionable under law which include:

  • a long term disability which must have lasted for a minimum period of 12 months
  • a temporary disability which is expected to continue for at least the next 12 months
  • a disability which is expected to persist until individual's death, provided that life expectancy is determined by a medical authority to be less than 12 months

Impairments will be considered when an individual finds it difficult to perform his daily life routines and he has to compromise in any of the following cases:

  • using hands for writing or cooking
  • mobility
  • memory
  • concentration or difficulty in comprehending tasks or instruction
  • physical coordination
  • difficulty lifting, carrying or moving even small objects
  • failure to command bladder or bowel movements
  • speech, hearing or eyesight impairment
  • failing to recognize eminent physical danger

Although not specifically endorsed by the legislation, physical impairment stemming from one or more of the following condirions may be treated as a disability in rare cases:

  • alcohol addiction
  • cigarette addiction
  • non-prescription medication dependency
  • voyeurism
  • exhibitionism
  • kleptomania
  • pyromania
  • body piercings
  • tattoos

Types of Disability Discrimination

An employer in must not adopt policies that discriminate against persons with disabilities in any of the following:

  • exhibit negative behaviour or treatment toward a disabled person
  • show favouritism or prejudice toward disabled workers
  • participate in or allow harassment of a disabled individual
  • take or allow actions against a disabled person that has taken legal action against discriminatory practices or voluntarily aids another in their legal actions

Employers and businesses are encouraged and sometimes directed by statutes to implement necessary adjustments at their business or organisation make buildings more accessible to persons with disabilities, including:

  • structural alterations to remove barriers to businesses and work areas
  • supply special equipment and tools that make completing tasks simpler for disabled workers, such as lifting devices, visual warning devices for the hearing impaired, or auditory warnings for sightless workers, among others
  • allowing transfers of disabled workers to work areas with no barriers to access, in cases where adding ramps or other devices are not feasible
  • changing work hours or break times to facilitate ease of access, so disabled employees can move freely without dealing with crowds of employees

Disability Discrimination Solicitors

If you are disabled and have been mistreated at your workplace, you may be entitled to claim compensation. Call one of our disability discrimination solicitors and get advice or in the case of those with a hearing impairment, send us an email and explain your situation. Our solicitors can make an application to the Employment Tribunal on your behalf and will represent you during the process of getting the compensation you deserve.

If you would like free legal advice with no further obligation on employment law claims from a disability discrimination solicitor simply email our offices or you can phone our helpline. Receiving this free legal advice does not obligate you to proceed with a claim.