Disability Discrimination Solicitors - Tribunal Compensation Claim Lawyer
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. A disability discrimination solicitor can take action on behalf of not only employees, but job applicants and self employed contractors.
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 This exemption was withdrawn from the 1st October 2004, by an amendment to the principal Act.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'.
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! This is a particularly technical part of the rules and advice should always be obtained from a disability discrimination solicitor prior to the victim taking any action whatsoever in this regard.
Disability Discrimination Elements
There are four elements to be considered in deciding whether a particular condition counts for a disability discrimination claim :-
-
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 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.
Employment Law Solicitors
Our specialist employment law solicitors operate exclusively in all areas of dispute between employees and employers and they do nothing else which enables them to achieve your goals in the most efficient and practical way possible. They are able to pursue or negotiate a disability discrimination compensation claim on your behalf and can provide representation anywhere in the United Kingdom. If you would like 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 you can call the helpline or complete the contact form or email our offices. If after talking to a specialist lawyer 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.