Disability Discrimination Solicitors - Employment Compensation Claim Lawyers

Our employment solicitors deal with compensation claims under the Disability Discrimination Act 1995. If you would like free advice, without further obligation, on no risk compensation claims just complete to contact form or call the helpline or email our offices. A disability discrimination solicitor will take a statement over the telephone and will attempt to advise you there and then about the viability of your potential claim and the likely award of compensation. Time is of the essence as there are strict time limits regarding applications to the Employment Tribunal. You must submit an application within three months of the last incident failing which your potential disability discrimination compensation claim may become statute barred and the opportunity to claim damages may be lost forever. It is against the law for an employer to :-

  • discriminate against a disabled person
  • treat anyone less favourably because of a disability
  • harass a disabled person
  • victimise a person who takes or assists in legal action because of discrimination
  • fail to implement 'reasonable adjustments' to the workplace which may include :-
    • structural alterations to buildings
    • supplying special equipment
    • a transfer to a different workplace
    • altering hours of work or giving extra time off

Equal Opportunity in the Workplace

The basic tenet of the Disability Discrimination Act 1995 is that an employer must take reasonable steps and make reasonable adaptions to the workplace to ensure that those employees with a disability have the same opportunities as their able bodied co-workers. This requirement covers work, services and facilities, the ability to rent or buy property and the provision of goods. The legislation defines a disability as 'a physical or mental impairment, which has a substantial and long-term negative effect on the ability to carry out normal day-to-day activities' which includes those suffering from full or partial loss of hearing or sight, serious disfigurement, multiple sclerosis and HIV/AIDS. A qualifying disability must have lasted for a year or the disability must be expected to last for a year or until death if life expectancy is less than a year.

Statutory Qualifying Conditions

A relevant disability under the act usually depends on impairment which affects a person's ability to carry out normal day to day living which also impinges on their ability to carry out work without help from the employer. Our disability discrimination solicitors advise that the following issues have been determined by previous cases as impairments however this list is not exhaustive and there may be other conditions that qualify :-

  • reduced hand dexterity
  • compromised mobility
  • memory lapses
  • lack of concentration
  • slow learner
  • reduced ability to understand
  • impaired physical coordination
  • inability to lift, carry or move objects
  • incontinence continence
  • defective speech, hearing or eyesight
  • inability to recognise danger

Not Covered by the Disability Discrimination Act 1995

Some psychological issues and some self-inflicted 'disabilities' do not qualify under the statute. Issues not covered by the legislation include alcoholism, nicotine addiction, drug dependence, voyeurism, exhibitionism, kleptomania, pyromania, body piercings and tattoos however secondary medical problems which involve physical injury associated with these conditions may qualify.