If you work for, or wish to work for, an employer who has 15 or more staff, they are obliged to treat you in a non-discriminatory way. There are some exemptions but most employers and employees are covered.
Discrimination would include:
- an employer treating a person differently due to their disability and the employer cannot show that this treatment is justified
- an employer fails to make reasonable adjustments in relation to the disabled person and they cannot show that this failure is justified.
What would count as justification?
The reason for treating a disabled person less favourably must be both 'substantial' and 'material'. The employer must have considered reasonable adjustments before they can justify discriminatory treatment.
If any physical feature of the employer's premises or any arrangements cause substantial disadvantage to a disabled person, the employer has to take reasonable steps for them to prevent that disadvantage.
However, if the employer does not know and could not reasonably be expected to know that the person has a disability, they are under no obligation to make an adjustment.
What is a 'reasonable' adjustment?
This depends upon circumstances. The DDA states that adjustments "often involve little or no cost or disruption and are therefore very likely to be reasonable for an employer to make."
What should I do if I think I have been discriminated against?
If you think a prospective or current employer has discriminated against you, you can take a case forward to an Employment Tribunal - it can award compensation and make recommendations on their employer's future conduct.
Claims must be made to the Tribunal within three months of the act of discrimination. The Arbitration, Conciliation and Advisory Service (ACAS) (opens a new window) can get involved in resolving disputes.
Deafblind people will need support to take cases forward. Since legal aid is not available in these circumstances, a major concern will be to find free legal advice representation from an organisation like RNIB (opens a new window).
