Discrimination in the workplace in any form is illegal. Discrimination due to a person being disabled accordingly should not take place. The governing legislation in relation to discriminatory behaviour is the Equality Act 2010.

Disability Discrimination and You

In terms of the Equality Act 2010, disability covers both physical and mental disability. A person is considered by the legislation to be disabled if they suffer an impairment which impacts substantially on their ability to carry out normal day to day activities.

An employer cannot discriminate against an employee on the basis of their disability. This means that policies require to be in place to ensure that a disabled person is not discriminated against in relation to matters such as promotion, pay, recruitment and disciplinary matters. If you are disabled and feel that you have been discriminated against in the workplace then please contact our solicitors to discuss your situation.

An employer is also under a duty to make what are called "reasonable adjustments" to assist disabled employees if their disability is causing a difficulty in performing their role. Such adjustments can be quite basic things such as making minor changes to working conditions or possibly changing the person's role. An interview should be held between the employer and employee to discuss the situation and to consider which adjustments are reasonable and necessary.

If an employer fails to make the necessary reasonable adjustments or there has been other discrimination due to disability then the employee may raise a claim before an Employment Tribunal.

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Employment Law Aberdeen can advise you from the earliest stages of any disability discrimination related difficulty – we take the time to listen, advise and if necessary act on your behalf. Call us on 01224 039 191 or complete our online enquiry form

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