It is unlawful for your employer to discriminate against you on the grounds that you have a disability by either treating you less favourably than they otherwise would (e.g. by demoting you or dismissing you.) or by failing to make reasonable adjustments for you.
What is a Disability
A wide number of conditions may be classified as amounting to a disability. Examples of conditions which are usually considered to be disabilities include depression, deafness, blindness, wheelchair use, cancer, HIV, multiple sclerosis. If you have a medical condition which has lasted for 12 months or more (or is likely to last for 12 months or more) and which has a substantial effect on your ability to carry out normal day-to-day activities, you may qualify for protection as a Disabled person. Please fill in the form for an immediate calculation of your disability discrimination compensation claim. If you have been subjected to breaches of Health & Safety at work and suffered injury, you might be able to make a claim. Remember that you do not necessarily have to be registered as being disabled to be protected from Discrimination under the Equality Act 2010 If you are classified as having a disability then it is unlawful for your employer to discriminate against you directly by subjecting you to less >favourable treatment. They are also under a duty to make reasonable adjustments to help you to do your job.
You work as a secretary and start to develop Repetitive Strain Injury. You are told by your GP that this condition is likely to be ongoing and last for 12 months or more. As a result you find that you need to take regular breaks from typing. You inform your employer of this. Your employer is unsympathetic and fires you. Provided you are able to show that you suffer from a disability, a Tribunal is likely to find that you have been discriminated against. Your employer is under a duty to make reasonable adjustments which may include allowing you regular breaks.
Disability Dismissal Checklist
- Do you have a condition which has lasted for 12 months or more (or is likely to last for 12 months or more) and which has a substantial effect on your ability to carry out normal day-to-day activities?
- Is your employer aware of this?
- Do you believe your employer has discriminated against you?
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