Bishopsgate Law employment law solicitors can give advice about disability discrimination claims and represent claimants at an employment tribunal.
Failure to make adjustments for disabled people by employers is prohibited conduct under the Equality Act 2010.
The duty to make reasonable adjustments aims to make sure that a disabled person has the same access to everything that is involved in getting and doing a job as a non-disabled person, as far as is reasonable.
When the duty arises, the employer is under a positive and proactive duty to take steps to remove or reduce or prevent the obstacles a disabled worker or job applicant faces.
The employer is not required to do more than what is reasonable, and what is reasonable to do can depend, among other factors, on the size and nature of their organisation.
But if, however, they do nothing, and a disabled person can show that there were barriers that they should have identified and reasonable adjustments they could have made, there may be basis for an employment tribunal claim, and if it is successful the business may be ordered to pay compensation as well as make the reasonable adjustments.
Employers only have to make adjustments where they are aware – or should reasonably be aware – that an employee or applicant has a disability.
The Equality Act 2010 defines a disabled person as a person with a disability. A person has a disability for the purposes of the Act if he or she has “a physical or mental impairment and the impairment has a substantial and long-term adverse effect on his or her ability to carry out normal day-to-day activities”.
An employee who believes they have been discriminated against at work may be able to bring a claim before an employment tribunal.
Employment tribunals can make unlimited compensation awards in discrimination cases.
Strict time limits apply to employment tribunal claims, so get legal advice without delay.
Our employment law team are based at our Bishopsgate, London EC2 office.
There is more information about your rights at work in our free guide.