Disability
The Disability Discrimination Act (DDA) defines a disability as “a physical or mental impairment that has substantial adverse effects on that person’s ability to carry out normal day to day activities”. Not all disabilities are visible and some such as HIV and cancer automatically amount to a disabi.lity. A heart condition or mental health issues may be classed disabled under the Act even though it is not visibly obvious..
If you are faced with an employee who is or might be disabled you must act within the requirements of the law otherwise you might find yourself facing a claim for compensation for discrimination. You need to establish whether the employee is actually disabled and if so consider what reasonable adjustments should be made so that the employee can continue in employment. What amounts to reasonable adjustments will depend on the circumstances of each situation. Sometimes an employee might also bring a personal injury claim if the discrimination has caused them to become ill.
It is also possible to discriminate against an employee on the grounds of the disability of another (associated discrimination). An example is a parent who needs time off work to care for their disabled child. Not allowing them to do so could amount to discrimination.
It is easy to find you have discriminated against someone with a disability without intending to do so. We have advised on situations including:
- whether the employee is disabled
- the types of adjustments that it is appropriate to make
- the appropriate conversations to have with someone who is disabled
- training of staff
To speak to someone who can help with a disability discrimination problems or any other employment issue call, email or request a call back from one of our specialist lawyers.
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