Over the last 40 years or so Parliament has created legislation aimed at reducing and removing discrimination within the workplace. In terms of disability, it is illegal under the Equality Act 2010 to discriminate against a worker on such grounds. If a worker or employee is treated differently on the basis of being disabled then legal implications will follow. Discrimination on such grounds can form the basis of a claim to an Employment Tribunal.
Within the terms of the Equality Act the definition of "disabled" is wide ranging and extends to both physical and mental conditions. Employers should have robust policies in place to ensure that discriminatory practices do not take place within the workforce. Thus a worker should not be disadvantaged in terms of pay, recruitment, promotion and training opportunities through being disabled – if they are then discrimination has taken place. Clear policies and procedures addressing such issues are required from every employer and they should not only exist but also be put in to practice.
Further, an employer has an obligation to make what are called "reasonable adjustments" to working conditions to ensure that a disabled person can continue to perform their working duties. Such steps can be fairly basic such as introducing better office equipment and dialogue is encouraged between the employer and disabled employee to find the best route for both parties to fulfil the employer – employee relationship.
At Employment Law Dundee we routinely advise employees on discrimination issues. If you have such an issue then please don't hesitate to contact us to discuss the best way forward.
Contact Employment Law Dundee today on 01382 250 497 or complete our online enquiry form.