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This section provides general information on employment law. If you have specific questions, you should seek legal advice from a lawyer or trade union.
WorkLine offers advice on the website, through a confidential phone number or email. The service is sponsored by the UK Film Council and Women in Film and Television, and supported by Goodman Derrick LLP (Employment Lawyers).
The information in this section of the Diversity Toolkit has been compiled Croner, an organisation providing information, advice and support in the areas of employment, health and safety and environmental compliance.
Disability Discrimination
Summary
Protection against discrimination in employment on the grounds of disability first came into effect when the Disability Discrimination Act 1995 came into force in December 1996. On 1 October 2010, the Equality Act 2010 came into force. The Act consolidated all the previous discrimination laws, including the Disability Discrimination Act, into one Act, reconciling most of the difference between them and repealing the previous laws. The Equality Act applies to job applicants, all workers including contract workers and agency temps, apprentices, office holders, the police, and people in vocational training. It prohibits direct and unjustified indirect disability discrimination, discrimination "arising from disability" (unless justified), victimisation and harassment related to disability. It also imposes a duty on employers to make reasonable adjustments in respect of disabled employees and job applicants. There is no qualifying period of service necessary to make a complaint to a tribunal, and no limit on the amount of compensation that can be awarded.
The Disability Discrimination Act 1995 (DDA) introduced significant new rights for disabled people, including the right to complain to an employment tribunal if discrimination occurs in employment.
The Act has similar provisions to the Sex Discrimination Act 1975 (SDA) and the Race Relations Act 1976 (RRA).
The DDA sets out the framework of rules and is supported by regulations, a Code of Practice and Guidance.
Questions and Answers
Question
We have an application from someone who is dyslexic. We ask for application forms to be completed in the applicant's own handwriting but she has typed it and explained that her handwriting is very poor. The job she has applied for is a clerical job, so are we justified in turning her down?
Answer
Your applicant's dyslexia will qualify her as a disabled person if she can show that it has a substantial and long-term adverse effect on normal day-to-day activities. If she otherwise meets the criteria for the job it would be advisable to interview her and assess how severe her dyslexia is before making any decision on whether to reject her. If she is the most suitable applicant for the job in all other respects, you may be able to adapt the job so that her difficulties are minimised. If you turn her down, and the reason is the severity of her dyslexia, and if she makes a complaint to a tribunal, you will need to demonstrate to the tribunal that you had given proper consideration to the question of what reasonable adjustments could be made.
Question
I have seen an advertisement for a service which provides counselling to people with a particular disability. The advertisement says quite categorically that the employer wishes to appoint someone who also has this particular disability. Is this not direct discrimination, and therefore unlawful?
Answer
The employer may be positively discriminating in favour of disabled people, which is lawful, or alternatively it may be that an occupational requirement applies to the job in question, i.e. having the particularly disability is a key element to the job.
Question
One of our office staff has been diagnosed as suffering from multiple sclerosis. We are all very shocked by this and, although he is coping very well, we must presume that his health will eventually be significantly affected. What should we do?
Answer
Your local Chamber of Commerce, "Business Link" or DST can offer support and assistance. As time goes on you will need to see what reasonable adjustments can be made to the job and/or working environment so that your employee is able to continue working. Anyone suffering from multiple sclerosis automatically qualifies as someone with a disability, under the Equality Act 2010. Eventually, it is possible that the health and safety risks to him and to others, and/or the costs of further adjustments, may result in a decision that his employment has to be terminated. You should establish good communication with the employee, his medical advisers and specialist organisations, as this will help to ensure that you do not discriminate unlawfully.
Key Facts
- An employer unlawfully discriminates against a disabled employee or job applicant if, because of the disability, they treat the person less favourably than they treat or would treat others without a disability.
- An employer discriminates against a disabled employee or job applicant if they treat the person unfavourably because of a reason arising in consequence of the disability, eg a dismissal because of extended absence caused by the disability. This type of discrimination is open to justification.
- Employers are under a duty to accommodate the needs of a disabled employees and job applicants by making reasonable adjustments to their policies, procedures, practices and, where relevant, premises.
- In certain circumstances it is lawful to positively discriminate in favour of disabled people under the Equality Act 2010.
