The Disability Discrimination Act 1995 makes it unlawful for an employer to treat a disabled person less favourably in
relation to employment, unless he/she can show that such treatment was justified. The
legislation extends not only to employees, but to job applicants and the self
employed.
It is also unlawful under the Act for an employer not to make reasonable adjustments to
working conditions to help overcome the problems in question, unless this can be
justified.
Further, an employee is protected from victimisation arising as a result of his/her
attempts to enforce or help someone else to enforce the provisions of the Act.
No longer is there any exception for employers who employ less than 15 people. This
exemption was withdrawn from the 1st October 2004, by an amendment to the principal Act.
A disabled person is defined as someone with ‘a physical or mental impairment which has
a substantial and long term adverse effect on his ability to carry out normal day to day
activities’.
There are four elements to be considered in deciding whether a particular condition
counts:-
- Impairment
This can be physical or mental, but must effect a person’s ability to carry out
activities. Any medication taken to treat the condition should be ignored. Certain
conditions are specifically excluded e.g. sight problems which can be corrected by
spectacles, or not medically instigated conditions e.g. addition to alcohol or drugs.
- Substantial
This means more than minor or trivial and is a matter of fact to be decided by the
Tribunal. It has been deemed to have substantial adverse effect if it affects a persons
ability to carry out normal day to day tasks, such as cooking, DIY or carrying heavy
shopping.
- Long Term
This means more than 12 months or a life expectancy if that is less than 12 months.
- Normal (day to day activities)
This refers to activities which are normal for most people and not that particular
person i.e. they must not be abnormal or unusual.
It is important to note that knowledge of the disability is irrelevant, so that an
employer can still be liable under the The Disability Discrimination Act 1995 to his/her employee even if he was
not aware of his/her condition!
We are a firm of employment law solicitors and we do nothing else. We are able to pursue or negotiate a claim on your behalf and can provide you with representation anywhere in the United Kingdom. We offer an initial free consultation for advice to find out whether you have a good case, how to go about claiming and how much your compensation might be worth. If after talking to us you decide not to take matters further you are under no obligation to do so and you will not be charged for our initial advice session.
