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Disability Discrimination

Equal Treatment - Disability

Under the Equality Act 2010 and the Disability Discrimination Act 1995, employers are not allowed to discriminate against an employee on grounds of disability. A disabled person working in the UK may not be discriminated against with respect to the terms on which employment is offered, opportunities for promotion, training, and transfer; other terms and conditions of employment, dismissal or other detrimental treatment. Employers may be able, however, to argue that such treatment is justified in certain circumstances.

Employers also have a duty to make reasonable adjustments where working arrangements or physical features of workplace premises cause disadvantages to a disabled employee. In order to be required to make reasonable adjustments, the employer must have knowledge of the disability.

It is, however, possible for an employer to discriminate against a disabled person without knowledge of the disability as such. In certain circumstances it will be necessary for employers to make enquiries in respect of an employee who is potentially disabled. Specialist advice should be taken.

An aggrieved employee will generally need to bring a claim within three months of the discriminatory act and an Employment Tribunal can make a declaration that the act was discriminatory, order unlimited compensation to include injury to feelings and recommend that an employer rectifies the situation.

It is beneficial to have relevant Procedures & Policies available to provide to staff.

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