Disability and Employment – What is Discrimination Arising from Disability?
We recently found a post about discrimination in employment, and thought that it had some useful insights to share. Many of our customers are employed in a wide variety of jobs, and while we always hope that employers are sensitive to the needs of all employees, regardless of disability, knowing your rights can be an important tool.
The post talks about five areas of what’s known as “discrimination arising from disability”, a concept that was introduced in the Equality Act 2010. According to the author, this concept is becoming a feature in employment tribunal cases, and she looks at five case law examples of how it works.
The areas discussed in the article are:
- Dismissing an employee for disability-related absences
- Reasonable adjustments not made during redundancy processes
- Failing to consider suitable alternative employment
- Giving negative verbal references or withdrawing job offers
- Not making reasonable adjustments to bonus schemes
In each topic, the article gives examples of a specific case that went to court and resulted in the employee winning the case.
If you’re an employee with a disability, knowing your rights can help you before anything even gets to the stage of a tribunal. But if things should ever go that far, your employer must always be able to justify their actions, and won’t get away with doing something discriminatory based on your disability.
We hope you find the post helpful – do let us know if you have any comments or other areas of disability rights you’d be interested in us covering in more detail.