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Peninsula Group, HR and Health & Safety Experts
(Last updated )
Peninsula Group, HR and Health & Safety Experts
(Last updated )
In this guide, we'll discuss what disability discrimination is, different types of it, and how to deal with it in your business.
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Disability is regarded as a protected characteristic under the Equality Act 2010.
As an employer, you are responsible for treating disabled employees fairly. You must not discriminate against them because of their health.
If you discriminate against disabled employees in unreasonable ways, you could face tribunal hearings, compensation penalties, and reputational damages.
In this guide, we'll discuss what disability discrimination is, different types of it, and how to deal with it in your business.
Find the safest and easiest way to resolve your workplace issue
Disability discrimination is the unfair treatment of a person, or a disadvantage put upon them, due to their disability.
In the Equality Act 2010, a disability is a physical or mental impairment that has a substantial and long-term effect on how people do daily tasks.
Disability discrimination complaints in the workplace usually don't include intentional unfair treatment. However, this provides no defence in the case of a discrimination claim before a tribunal.
Employers should have clear rules and processes to help avoid discrimination. This should include guidelines on how to handle requests for making reasonable adjustments.
Companies should also have procedures in place to handle employee complaints about workplace discrimination. This should apply to both informal and formal grievances.
The Equality Act states that recruiters cannot ask job applicants about their health or disability until they've been given a job.
The only exception is when the health information is necessary for the application process or is required for employment.
For example, a job candidate fills out an application form that asks if they are on medication.
Unless there is a strong need for the employer to know this information, the question shouldn't be asked.
The following are the six types of disability discrimination:
We go into further detail about each of them below:
Direct disability discrimination in the workplace indicates a situation in which a person receives less favourable treatment. Getting treated in this way can relate to having a disability.
Poor treatment may lead to a decision not to hire, a lack of access to training, and even dismissal.
This type of discrimination comes in three different categories:
Indirect disability discrimination happens when employers develop a policy or special rules that apply to all employees but put disabled people at a substantial disadvantage.
To confirm indirect discrimination, the policy must be proven to disadvantage the victim for their disability, as well as all other people with the same disability.
If an employer demonstrates that their policy or usual practice is ‘a proportionate means of achieving a legitimate aim’, indirect discrimination may not apply. This is known as objective justification.
This should be based on reliable information and prove that there are no less discriminatory alternatives available for the company's operations.
This is a common kind of disability discrimination.
Reasonable adjustments are changes made to a policy or physical environment which reduces or eliminates consequences on an employee's disability.
Employers are required by law to make reasonable adjustments for mentally or physically disabled employees when possible. Such adjustments might include:
In some cases, a requested adjustment may be unreasonable, like building a lift. Here, the company can legitimately refuse to comply with the request.
This type of disability discrimination refers to situations in which a person gets poor or unfavourable treatment because of something related to their disability.
Any unpleasant behaviour at work that is related to an employee's disability is considered harassment.
This includes behaviour that is upsetting, intimidating, aggressive, or otherwise offensive in any manner to the employee. Harassment can be written, verbal, or physical.
Anyone who witnesses harassment in the workplace is eligible to file a harassment claim.
Victimisation is defined as a situation in which an employee suffers mental, emotional, or physical harm, loss, or damage as a result of:
An individual can also be victimised if it is suspected that they have done one of these acts or that they intend to do so.
As an employer, you should take measures to avoid disability discrimination in your business. To achieve this, you should aim to:
Try to implement the following steps to ensure that disabled people are not treated unfairly at work:
When you have a diversified workforce, unlawful discrimination based on disabilities is less likely to happen. Employing and helping disabled people allows you to:
There are several approaches to encouraging inclusive behaviour towards disabled people that are treated differently. You could:
You and your employees should be mindful of the proper use of language when talking about disabilities.
This applies both to direct interactions with disabled people and other workplace communications.
Make it quite clear in your company that ableist language won't be tolerated. This refers to language that is offensive, has harassing orientation, or is insulting to individuals with disabilities.
Provide training to your employees
Training should be integrated into your company's overall strategy. This includes:
It's important to note that training by itself is unlikely to remove discrimination or unconscious bias. You might need to add extracurricular activities or make reasonable adjustments to your workplace.
As an employer, you should regularly evaluate whether policies and processes for addressing disability complaints are effective. There may be a need to update your policy.
For example, you can:
The law protects people against disability discrimination in the workplace. This includes people with physical, mental, and learning disabilities. Employers must treat these people fairly and make a reasonable adjustment if necessary.
Employers who discriminate against disabled employees or refuse to pay them the appropriate salary can face an employment tribunal.
Peninsula offers 24/7 HR advice, which is available 365 days a year. We can help you to avoid all types of discrimination in your business, including disability and gender reassignment.
Want to find out more? Contact us on 0800 028 2420 and book a free consultation with an HR consultant today.
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