If you believe you have been discriminated against at work as a result of a disability, contact us now. Our experienced employment lawyers have years of experience in helping clients deal with discrimination in the workplace.
The Disability Discrimination Act 1995 (usually referred to as the DDA) was the first legislation in the United Kingdom making it unlawful to discriminate against any person with a disability when compared to someone without a disability.
The protection against discrimination covers contract workers, apprentices, job applicants, and of course employees. The provisions in this Act were carried forward to the Equality Act 2010, which is now the main legislation dealing with discrimination (including disability and sex/gender) in the United Kingdom.
There are certain, but very limited exceptions to this, whereby certain disabilities may make it impossible to carry out the duties involved in a particular job. Our partners, Marie Colquhoun and Anne Colquhoun have years of experience in dealing with disability discrimination claims, and we know the difficulties that such cases can present. We also recognise the distress that can be caused if you feel that you have been subject to disability discrimination, and the need to challenge this to the maximum extent that the law allows.
Expert Disability Discrimination Lawyers
Here at Goodharts, we deal with disability discrimination claims on a regular basis. In order to first establish whether you have potentially been subject to disability discrimination, or indeed, if you are an employer, whether you may be liable for having discriminated against someone, it is necessary to understand how the law defines a disability.
The law says that someone may be classed as suffering from a disability if they have a "physical or mental impairment" that has "a long term, and significant adverse effect on normal day-to-day activities." Clearly, this can involve a wide range of conditions but includes learning disabilities, depression and other mental illnesses, as well as serious and terminal conditions such as HIV and cancer. Other disabilities can include conditions where the impairment comes and goes, such as with the symptoms of rheumatoid arthritis, for example.
To be classed as a disability, it is important to note that the condition, whatever it may be, must adversely affect a person’s ability to carry out normal day-to-day activities. This includes, for example lifting and carrying everyday objects, physical coordination and mobility. This can also include limitations to hearing or eyesight, and mental difficulties such as the ability to concentrate or learning difficulties, amongst others.
Also, the law stipulates that the effect on your ability to carry out these day-to-day activities must be more than trivial and that they must be likely to last either for the rest of your life or have lasted (or be likely to last) for at least 12 months.
It is easy to see therefore that the particulars of disability discrimination are not always straightforward, and that the law attaches safeguards to ensure that when discrimination does occur, it can be dealt with, but that the nature of disability discrimination is clear for everyone to understand.
However, the law can also be complex at times, which is why it is important, both if you are accused of discrimination, or indeed if you are an individual who may have been victim to it, to seek expert legal advice at the earliest opportunity. This is where Goodharts can help you.
There are a variety of different ways in which discrimination can occur, and which are covered by the laws governing disability discrimination. The specifics of these are complex, but broadly speaking, they include victimisation, harassment, disability-related discrimination, failure to make reasonable adjustments, and something known as direct discrimination.
Depending upon the particulars of your individual case, it may involve one or more of these types of disability discrimination.
Contact Goodharts Solicitors in London and Newcastle, UK
With Goodharts, you can be sure of a friendly, approachable and personal service at all times, putting you, as the client first. A high standard of service is of equal importance to us when dealing with clients, and your case will be no exception to this.
It is important, if you are involved in a case relating to disability discrimination, to seek advice as soon as possible.
Call us on: Newcastle - 0191 687 2055 / London - 0203 858 0046 or via our online contact form.