You do not have to put up with discrimination, bullying or harassment at work.
Wherever you are, we can help you.
today for advice on making a discrimination claim.
Someone has a disability if they have a "physical or mental impairment that has a substantial and adverse long-term effect on their day-to-day activities."
If you are disabled, laws are in place to protect you from being discriminated against during the recruitment process, the terms of your contract, in day-to-day employment, or once you have left. Employers of all sizes are under an obligation to make reasonable adjustments to recruitment, working arrangements and the working environment to accommodate your disability and to protect you from harassment and bullying or from otherwise being put at a disadvantage.
It does not matter if the discrimination was deliberately aimed at you or how long you have worked there, whether you are still employed or have left. But to be able to enforce your workplace rights or make a claim in a Tribunal you do need to act quickly - in most cases you will have just three months from the date the discrimination took place or three months from the end of your employment if claiming unfair dismissal to preserve your employment rights.
Ideally you should try and address the problem by speaking to your employer first, either informally or by raising a grievance, but we know there are times when the situation may be so intolerable that there is no alternative but to resign. In some circumstances you may be able to claim constructive unfair dismissal. Getting legal advice quickly from an expert is essential. If you wish to leave we can help negotiate an exit before you resign, avoiding the risk of putting your financial security in danger, or help you to try to remove the difficulties you are working under. You can find out more about constructive dismissal here.
Tribunals can hear complaints of discrimination from employees. It can make a declaration to state what the rights of the parties are, recommend the employer take certain steps to remove or reduce the effect of the discrimination and make an award of compensation.
Unlike in unfair dismissal, there is no ceiling on the amount of compensation a Tribunal can award if someone has been discriminated against. The award will normally include compensation for the injury to your feelings and to take account of any losses you have suffered - such as wages or your pension. The size of the awards in disability discrimination cases varies. The average award in 2014-15 was £17,319.
Employment law has strict time limits. Good cases can be lost before they even start through hesitation or delay. In most cases you will have to notify Acas of a potential claim within three months of your employment ending or the last discriminatory event. It is important you get in contact with us as soon as possible so we can help before it is too late. You can find out how we can help you with our fixed fee Acas Early Conciliation service here.
If you feel you have been discriminated against without justification for a reason related to your disability, we can work together to establish whether you have grounds for further action. Contact us today so we can help you to stop the treatment, settle your case or take steps to issue a claim before it is too late.
To get in touch, call us today on 08000 93 00 94 or alternatively, complete our Online Enquiry Form and we can call you back at a time which suits you.
Our dismissal team can help you secure compensation if you have been a victim of mistreatment by your employers.
If you have been dismissed from your job due to an unfair decision, our dismissal team can help you secure the compensation that you deserve.