Disability Discrimination Solicitors

The Equality Act 2010 prohibits discrimination because of a disability, whether the disability arises from a mental impairment or a physical one. If you have suffered discrimination at work because of a disability, you may be able to make a claim. 

Disability Discrimination at Work

Facing discrimination at work is a stressful and upsetting time. It’s best to seek advice at an early stage, to get help with putting a stop to the discrimination, making sure you get the adjustments you need in the workplace or seeking compensation for discriminatory treatment suffered.  

Our specialist employment lawyers will work hard to relieve the stress and provide clarity on your legal options and best ways of resolving the situation. We have years of experience advising and representing clients, negotiating the many strands and complexities of disability discrimination law.  Our firm has also secured significant sums of compensation in settlement and in tribunal for those subjected to discrimination at work.  

For impartial, honest advice about discrimination you are facing at work, please speak to our employment rights team today.

Speak to a Solicitor

Call 033 3344 9600

What is disability discrimination?

There are different strands of disability discrimination. However, in basic terms, disability discrimination occurs when someone is disadvantaged or treated poorly either because of, or for a reason related to, disability or the effects of a disability.  

To qualify as disabled, a person must show that they have 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. The effects of mediation or aids is generally disregarded to assess the question. 

For an impairment to be long term it must generally have lasted for at least 12 months, be likely to last for at least 12 months, or be likely to last for the rest of a person’s life.  

The Act also covers people who have had a disability in the past, those with progressive conditions, and those deemed to have a disability, such as those suffering from cancer or certain types of disfigurement.  

Disability Discrimination Solicitors

What are the different types of Discrimination?

Direct Discrimination

This occurs when an employer, because of disability, treats a worker less favourably than he treats, or would treat, a person who does not have that disability. It is therefore necessary to identify a comparator. This type of discrimination cannot be justified under any circumstances.   

Indirect Discrimination

This arises when an employer applies a “provision, criterion or practice” (such as a policy) which is not intended to treat anyone less favourably, but which in practice has the effect of disadvantaging people who have a disability.  

Employers can only defend indirect discrimination if they can show they can justify the provision, criterion or practice as a proportionate means of achieving a legitimate aim. 

Harassment

A person harasses another if they engage in unwanted conduct related to disability with the purpose or effect of violating their dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment. 

Examples include comments made about disability, which offend you or make you feel humiliated.  

Reasonable Adjustments

An employer is under a duty to make reasonable adjustments where, for example, any provision, criterion or practice puts the employee at a substantial disadvantage in comparison with someone who is not disabled. Reasonable adjustments can include altering a disabled person’s working hours or the duties they undertake, assigning him or her to a different place of work, or modifying work equipment. 

Unfavourable treatment “arising from” disability

A person discriminates against a disabled person if they treat them unfavourably because of something arising in consequence of the disability and cannot show that the treatment is justified. 

This might apply where an employer treats a disabled person unfavourably in connection with sickness absences connected to their disability. 

Victimisation

Some workers may be deterred from exercising their rights under the Act or from supporting others who wish to exercise their rights because they fear they will be victimised by their employer. 

The Act, in summary, protects workers who make a complaint of discrimination from being treated badly (subject to a detriment) because they have complained. 

Bringing a Claim

If you feel you have been discriminated against because of your disability, you may be able to bring a claim to an employment tribunal. Claims must be brought within three months (less one day) of the act complained of subject to any extension of time granted by correct use of ACAS Early Conciliation. 

Where discrimination has occurred over a period of time, the claim can be brought within three months (less one day) of the last act in a series of interconnected, linked acts, subject to any extension of time granted by correct use of ACAS Early Conciliation. 

If you wish to bring a claim against your employer, it is important to note that in most cases you must submit a written grievance to your employer complaining of the discrimination. A failure to do so could result in any compensation being reduced by up to 25%. 

Why Morrish Solicitors?

Our Employment Rights team has a longstanding reputation for helping clients with a variety of employment law claims, including discrimination.  

We understand that your circumstances are unique, and that’s why we’re careful to listen to your situation and provide the best possible solutions to support you.   

Personal service

As a Yorkshire-based firm, you can benefit from our competitive rates. We believe in representing people, not large organisations, which is why we aim to provide expert advice, personable service, and excellent value for money.  

Expert advice, no matter where you live

All our services can be provided at your convenience either in-person, over the phone or by email or post. So, it doesn’t matter where you live, we’ll always be here to support you.  

Want more information? Contact a member of our team today.  

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Why our clients choose Morrish Solicitors

“Daniel who dealt with us was professional understanding and patient, he kept us up to date with progress of our settlement.”

Employee Client, September 2019.

The service we received was exceptional, we were kept in formed at every step. The whole experience was dealt with in a very professional manner.

Employment Rights Client, January 2022.

Meet the Employment Rights Team

Daniel Kindell

Partner & Head of Employment

David Sorensen

Managing Partner

Paul Scholey

Employment Consultant

Tony Rippon

Associate Solicitor, Employment

Haylee Chambers

Associate Solicitor, Employment

Hanan Hewitson

Employment Solicitor

Omar Ghaffoor

Employment Solicitor

Christina Moore

Trade Union Helpdesk Advisor

Ranjit O’Mahony

Senior Solicitor, Employment

Kate Forrest

Employment Solicitor

Lawrence Ofori

Employment Solicitor

Erin Garnham

Employment Solicitor

Nicholas McMahon

Legal Assistant

Megan Knight

Graduate Solicitor Apprentice