An employer cannot treat a disabled employee worse because of his or her disability, here is a few examples of how the law protects the employee. 

 

• An employer cannot treat a disabled employee less favourably because of his or her disability (for example, in connection with their absences or slower work schedule due to disability).

 

• An employer must implement reasonable adjustments, for example: a different chair, permission to work from home, different working hours, different duties or an adjusted absence disciplinary procedure more favourable to the employee.

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Breaking the following laws may also allow you to submit a claim for discrimination on the grounds of disability in the Employment Tribunal. The following protections are as follows but not limited to;

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• Your employer’s duties and responsibilities if you are disabled. If you qualify as a disabled person under the Equality Act 2010 your employer must not directly discriminate you or treat you worse because of the disability​​ Your employer must not treat you badly because of something arising in consequence of the disability, such as your inability to undertake all duties, an absence (long or short) or failure to reach targets. ​This is a very limited list of examples, and each situation should be analysed in its context. Furthermore, unfavourable treatment will not amount to discrimination arising from disability if the employer can show that the treatment is a ‘proportionate means of achieving a legitimate aim’.

 

• Your employer is under a duty to make reasonable adjustments for you – positive additional steps to ensure that you can access and progress in employment. This could be (by way of a very limited example) change to duties, working hours, place of work, permission to work from home, adjusting the absence/disciplinary procedure or providing a more comfortable chair.