As a disabled person, the law can help ensure that you have access to work and are treated fairly at work. Discrimination is a complex area of law, and you are recommended to speak direct to an employment law expert at QualitySolicitors Wilson Browne.

Am I a disabled person?

A wide range of conditions can amount to a disability in law. If you bring a claim in the Employment Tribunal, it is for the Judge to decide whether you are disabled. Qualification for State disability benefits does not necessarily mean that you are disabled for discrimation purposes.

A disabled person is someone with a physical or mental impairment which has a substantial and long term adverse effect on their ability to carry out normal day-to-day activities.

‘Physical impairment’ includes mobility issues, sensory impairment and severe back problems. ‘Mental impairment’ includes severe stress and depression. The effect of any medication is discounted when the Tribunal decides this issue (except for glasses).

The impairment must affect your ability to carry out normal day-to-day activities. This could include your mobility, your ability to lift everyday objects, your physical co-ordination, eye-sight or hearing, your speech, memory, manual dexterity, ability to concentrate, learn or understand communication or perception of risks.

Your condition must be long-term i.e. it has lasted or is expected to last at least 12 months. Progressive conditions including cancer and multiple sclerosis may be a disability from diagnosis onwards.

What amounts to discrimination?

As a disabled person, you must not be treated less favourably than others. Your employer must also make reasonable adjustments to prevent you being at a substantial disadvantage in the workplace. It is important that your employer knows about your disability – if they were not aware of it then no duty will arise.

There are five types of discrimination covered by the Disability Discrimination Act 1995:

• Direct discrimination
• Disability-related discrimination
• Harassment
• Victimisation
• Failure to make reasonable adjustments

What is a reasonable adjustment?

This depends on the circumstances. A reasonable adjustment could be a change to your hours of work, your duties, the physical workplace or to the equipment you need to do your job.

How much compensation could I be awarded?

There is no upper limit. Compensation is based on your financial loss. As with other forms of discrimination a Tribunal will make an award that is ‘just and equitable’ if your claim succeeds. This can cover future financial losses and an element for injury to feelings.