Employment Law for Devon and Cornwall

Disability Discrimination Claims under the Quality Act 2010:

There has been an increase in the number of disability discrimination claims brought in Devon & Cornwall and indeed throughout the UK.

The Quality Act 2010 changed the previous discrimination law including the Disability Discrimination Act 1995 and 2005.

Employers need therefore to review their position and respond to avoid workplace discrimination claims which employees will increasingly bring if they satisfy the definitions.

Employees in looking to bring these claims will need to satisfy one of four potential headings for employment claims:

1. Direct Discrimination

The intention here is that a person who is treated less favourably because they are disabled can bring a claim.

The Quality Act 2010 introduces an extra extension to direct discrimination as it allows claims for disability discrimination and harassment to be brought if they are disabled or because they associate with someone who is disabled.

2. Indirect Discrimination

Here an employee will argue that a practice criteria or provision disadvantaged persons sharing the same disability as the Claimant.

Interestingly there is no need to show that an employer knew or ought to have known that the Claimant was disabled.

3. Discrimination Arising from a Disability

Here an employer is expected to have known of the disability.

If the employer doesn't know of the disability then there is an objective test, namely that liability may lie where the employer ought to have known that the person was disabled.

In these circumstances a claim will be available against the employer where a person is treated unfavourably because of a consequence of the disability.

4. Failure to Make Reasonable Adjustments

As has been the law for some time an employer must make reasonable adjustments for the disabled person.

This is to enable the disabled person to work.

This ordinarily includes a duty on the employer to provide auxiliary aids and information in an excessive format to assist the disabled person at work.

Defences to Employers:

Under the second and third headings above employers can avail themselves of the defence of justification.

In effect what this means is that a practice criteria or provision put in place by the employer is a proportionate means of achieving a legitimate aim.

So employers should have reviewed their practices to ensure that they are balanced and do not have the effect of impacting on disabled people.

Often disabled people need to have time off for medical appointments or rest.

This could have an effect on a businesses bonus systems whether discretionary or not.

Marking down a disabled persons absences in an appraisal process may be discriminatory, so an employer needs to review all policies and procedures with the assistance of experienced employment lawyers to ensure they are compliant and not vulnerable to these claims.

These claims are expensive in terms of damages/compensation but also in terms of not just the legal costs but the management costs in managing the claims process.

Our employment team are available to assist in your current need to manage policies and practices to avoid claims and also to assist with claims.

At Parnalls, our team of specialist expert personal injury lawyers will assess your situation and advise you. Call us for advice on 01566 772375.