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The Disability Discrimination Act (DDA) 1995 forbids discrimination against anyone with a disability in all areas of employment, recruitment, pay, promotion, transfers, training and dismissal.
Employers are also encouraged to consider making adjustments to buildings and facilities to accommodate disabled people, and to make reasonable allowances in terms of flexible working hours, modified equipment and providing things like large-print manuals or interpreters.
The law also extends to you and others in the workplace, and you are not allowed to discriminate against anyone on grounds of disability. In the same way, you cannot claim preferential treatment or consideration during interview or when competing for promotion.
Diversity among the workforce is a good way to achieve a balance of views and perspectives, and is valued by employers as a means of building a more rounded team. A disability is not the same as an inability, and disabled people can perform at least as well as their colleagues.
How do you know if you're being discriminated against?
It's illegal for employers to discriminate against people with a disability, whether directly or indirectly. This includes the wording of job ads and application forms and also covers any tasks you need to do in an interview that are not vital to the job.
- Direct discrimination means treating you differently because of your disability. This can include paying you less for the same job.
- Indirect discrimination means using other ways to put you at a disadvantage in the workplace; for example, not providing equal access to facilities enjoyed by your colleagues.
- Harassment means making offensive remarks about your disability or about disabled people in general, or allowing or encouraging others to do the same.
- Victimisation means treating you unfairly for complaining about discrimination, either against you or on behalf of a colleague.
What to do if you're being discriminated against
Ask to speak to your boss and make it clear that you feel you're suffering some form of discrimination. Put your complaint in writing if you feel it appropriate. If that doesn't achieve the results you're after, you could get in touch with the Disability Rights Commission (DRC) or ACAS (Advisory, Conciliation and Arbitration Service), or even take your complaint to an employment tribunal. The DRC will help you decide if this is the right course of action and advise you about what's involved.
If you can't resolve the matter using your employer's normal grievance procedure, you can apply to have your case heard by an employment tribunal. If you need professional advice, you can talk to your Trade Union, or contact the Advisory, Conciliation and Arbitration Service (ACAS) which offers free, confidential and impartial advice on employment rights. Alternatively, contact your nearest Citizens' Advice Bureau (CAB) or speak to an employment law specialist.