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Disability

Under the Equality Act 2010, you must not be discriminated against because of a physical or mental disability.  There is also a duty on your employer to make reasonable adjustments to accommodate your disability.

The definition of “disabled” is where someone has a physical or mental impairment which has a substantial and long-term effect on their ability to carry out normal day-to-day activities. Day-to-day activities include things such as using a telephone, reading a book or using public transport.

Under The Equality Act 2010 employers:

  • must not directly discriminate against a person because of their actual or perceived disability, or because they associate with a disabled person
  • must not treat a disabled person less favourably for a reason related to his or her impairment, unless that treatment can be justified for example an employer may reject someone who has a severe back problem where the job entails heavy lifting
  • must not have procedures, policy or practices which, although applicable to all workers, disproportionately disadvantage those who share a particular disability, unless these can be justified
  • must make reasonable adjustments in the recruitment and employment of disabled people, for example, by making changes to premises or equipment
  • must not treat an employee unfairly who has made or supported a complaint about discrimination because of disability.

Disabled employees are also protected from harassment, ie unwanted conduct related to disability which has the purpose or effect of violating an individual's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual.

Contact us for further information on disability in the workplace.
 

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