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If you have a long-term medical condition you may be a disabled person. If you feel you are being treated unfairly by your employer or work colleagues because of your medical condition; or your employer has not agreed to make adjustments to your working environment to assist you; you may have a claim for disability discrimination. Please contact one of our advisers to discuss. The Employment Tribunal has very strict time-limits for makings claims; usually three months less one day from the date of your complaint. It is therefore important you seek advice as soon as possible.
Ms X was having some difficulties with her employer and came to see us for a Fixed Fee Interview. She suffered from a severe degenerative medical condition which affected her immune system and also left her chronically fatigued. She did not want to leave work: she loved her job and wanted to stay with her employers.
However, despite making numerous requests to her employers for adjustments to her working hours, the management insisted on treating her as a “problem” employee. Ms X had an exemplary employment record and her absences were all caused by her disability. Nevertheless, the management decided to initiate their disciplinary procedure. When she came to see us for a Fixed Fee Interview she had been given a final written warning. She was fearful that if she took any time off work to attend a medical appointment she would be dismissed.
We explained to Ms X that the Disability Discrimination Act requires employers to make reasonable adjustments for employees who have a disability. It was clear that had her employers made the adjustments requested, Ms X would never have been subjected to disciplinary action. At that time she was suffering considerable stress and anxiety at the thought of losing her job. We advised Ms X that she had a claim against her employers. We also explained the Employment Tribunal would make recommendations about reasonable adjustments for her continued employment.
At the Fixed Fee Interview, Ms X was concerned about the costs involved in taking an Employment Tribunal claim. However, when we discussed the matter with her it became clear that she had Legal Expenses Insurance which would fund our assistance. Ms X was very surprised, she had not realised she had such cover, it had simply being part of her Home and Contents Policy. We assisted Ms X to apply to her insurers for funding. We then issued a claim on her behalf. We represented Ms X throughout and met with her on a regular basis to discuss the progress of her claim.
We then represented Ms X at the Employment Tribunal hearing. We were able to achieve financial compensation for her and a declaration that her employers had discriminated against her as a disabled person. The Employment Tribunal also made recommendations to her employers for adjustments to her working hours and the removal of the disciplinary warnings in her personal file. Ms X was able to continue working safe in the knowledge that her employers would not be able to dismiss her just because she had a medical appointment or was unable to attend work due to fatigue.
Ms X was delighted with the result and we were delighted to have been able to help her.
If you have a medical condition which has lasted for 12 months or more (or is likely to last for 12 months or more) and which has a substantial effect on your ability to carry out normal day-to-day activities, you may qualify for protection under the Disability Discrimination Act (DDA). Examples of medical conditions which are usually considered to be disabilities for the purposes of the act are: deafness, blindness, wheelchair use, cancer, multiple sclerosis, etc.
If you do have a disability, it is unlawful for your employer to unlawfully discriminate against you by either:
There is no requirement for you to have been employed by your employer for any length of time before you can bring a claim for disability discrimination. You can bring a claim for disability discrimination if you are:
If you have been discriminated against on the grounds of your disability, an Employment Tribunal may award you compensation. This is usually compensation for any losses you may suffer (e.g. lost wages if you are dismissed) and an award for injury to feelings. There is no limit on the amount of compensation that can be awarded for unlawful discrimination.
If you consider you have been subjected to disability discrimination, please contact one of our specialist Employment Law Advisors. We would be happy to help.
