Disability discrimination

Anti-discrimination laws

In Great Britain, the Equality Act 2010 protects the rights of disabled people in the workplace, as well as providing some protection to people associated with disabled people, such as carers.  

The Act covers anyone with a physical or mental impairment that has a substantial and long-term adverse effect on their ability to carry out day-to-day activities.

It also includes those who have been disabled in the past. People with cancer, HIV or multiple sclerosis are automatically regarded as disabled for the purposes of the Equality Act and the DDA. A severe disfigurement may also amount to a disability.

As well as disability discrimination, the 2010 Act protects people from other forms of discrimination, including:

• Age.
• Gender reassignment.
• Marriage and civil partnership.
• Pregnancy and maternity.
• Race.
• Religion or belief.
• Sex.
• Sexual orientation.

In Northern Ireland, disability discrimination is covered by the Disability Discrimination Act 1995 (as amended) and related regulations, rather than the Equality Act 2010.

Under the Act, and the Northern Ireland equivalents, people are not allowed to discriminate against, harass or victimise another person just because they fall into any of these categories.

Unfavourable treatment because of something arising in consequence of an individual’s disability is not permitted, unless the employer can show that it is a proportionate means of achieving a legitimate aim.

In Northern Ireland, people are not allowed to discriminate against disabled people because of their disability, or for disability related reasons. In relation to treating someone less favourably for disability related reasons, an employer can defend their actions if they can show more than a minor or trivial reason for such treatment that relates to the circumstances of a particular case.

Practices which put those with a disability at a particular disadvantage are also prohibited unless they can be justified as a proportionate means of achieving a legitimate aim. This is known as indirect disability discrimination – there is no Northern Ireland equivalent under the DDA.

In the workplace, this means treating people in accordance to their particular needs, including:

• When they apply for a job.
• Terms and conditions.
• Pay and benefits.
• Training, development, promotion and appraisals.
• Dismissal, redundancy and retirement.

In Northern Ireland, the time limit for bringing a disability discrimination claim is three months exactly from the date of the act complained of. Conciliation is provided by the Labour Relations Agency (LRA), not ACAS.

Reasonable adjustments

Employers must take reasonable steps to avoid or reduce any disadvantage faced by a disabled employee, in accordance with their particular needs.

Employers are expected to make special arrangements – described as ‘reasonable adjustments’ in the law to avoid or reduce the disadvantage faced by a disabled employee. These ‘adjustments’ could cover changes to the job itself or providing equipment that makes the job easier to do.

There is no definitive list of these ‘reasonable adjustments’ but they may include:  

• Allowing someone with social anxiety disorder to have their own desk instead of hot-desking.
• Installing a ramp for a wheelchair user or an audio-visual fire alarm for a deaf person.
• Letting a disabled person work somewhere else, such as on the ground floor for a wheelchair user.
• Providing a special keyboard if they have arthritis.
• Allowing employees who become disabled to make a phased return to work, for example working flexible hours or part-time.

Every disabled worker will face different barriers and what is ‘reasonable’ will need to take into account an individual’s circumstances and the size and resources of the employer. The reasonable adjustment duty can require disabled workers to be treated more favourably in order to reduce workplace disadvantage.

There are also no requirements that a worker needs to have been in the job for a certain amount of time – employers should make reasonable adjustments for job applicants as well.

The best way to bring about the changes you need is to make an informal agreement with your employer. Your UNISON representative is there to support you if you need help. 

Social model of disability

UNISON supports the social model of disability. This means we believe it is the way society organises itself and people’s attitudes that stop disabled people from taking an equal part in life, rather than their physical or mental conditions or ailments. As a union we campaign on important issues such as:

• Inaccessible workplaces.
• Information systems that are not designed for disabled people.
• Negative attitudes and prejudice from employers.
• UNISON’s work on disability discrimination is often led by our disabled members. 

Legal disclaimer 

The information contained within this article is not a complete or final statement of the law and is based on the laws of England, Wales, Scotland and Northern Ireland. 

While UNISON has sought to ensure that the information is accurate and up to date, it is not responsible and will not be held liable for any inaccuracies and their consequences, including any loss arising from relying on this information. If you are a UNISON member with a legal problem, please contact your branch or region as soon as possible for advice, or for non-employment matters call UNISONdirect.