Discrimination arising from Disability

This web page should be read in conjunction with the web page Discrimination - Protected Characteristics 

What is discrimination arising from disability?

Discrimination arising from disability is prohibited under section 15 of the Equality Act 2010 and occurs where where both:

  • the discriminator treats an employee unfavourably because of something arising in consequence of their disability and
  • the alleged discriminator cannot show that the treatment is a proportionate means of achieving a legitimate aim.

There will not be discrimination arising from disability if an employer’s actions are justified.  

Justification must be on objective grounds with an objective balance between the discriminatory effect and the reasonable needs of your employer, there is no margin of appreciation.

Unfavourable treatment means a detriment of a kind that a reasonable person would or might take the view that in all the circumstances you have been disadvantaged.  An unjustified sense of grievance cannot amount to a detriment.  It is not necessary to demonstrate some physical or economic consequence.

No comparator is required for a claim of discrimination arising from discrimination.

Does an employer have to know about a disability?

An employer cannot be liable for discrimination arising from disability unless it knew, or should have known, about an employee's disability.

Liability for discrimination arising from disability

An employer will be vicariously liable for the acts of its employees and workers unless it can show it took reasonably practical steps to prevent it from happening.

What remedies are available for discrimination arising from disability?

If an employee believes that an employer (or other person) has discriminated against them and this arises from disability they can bring an employment tribunal claim.

Employment tribunals can award unlimited compensation, which can include an award for injury to feeling and financial loss because of the discrimination.

How long do you have to bring an employment tribunal claim?

An employment tribunal claim for discrimination arising from disability must be received by a tribunal within 3 months of the complaining act (ie 3 months less 1 day).  This can be the last act in a series of detrimental acts over a period of time.  

The time limit can be extended during Acas early conciliation, which must be started before the time limit has expired.

The time limit is a strict one and will only be extended in certain circumstances.

The material contained in this web page is provided for general purposes only and does not constitute legal or other professional advice. Appropriate legal advice should be sought for specific circumstances and before action is taken.

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Email: marc@marcjonessolicitor.com

Telephone: 07434 740657

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