DISABILITY DISCRIMINATION CLAIM

We deal with claims on behalf of employees relating to employment matters including advising on a disability discrimination claim. We do not act for employers. Our solicitors are experts in their field and where possible they negotiate settlement failing which they will make application to an Employment Tribunal to resolve any dispute.

The Disability Discrimination Act 1995 makes it unlawful to treat disabled people differently from able bodied people at work or when providing goods, facilities and services or in the provision of renting or buying property. The law states that 'disability' means a physical or mental impairment, which has a substantial and long-term negative effect on the ability to carry out normal day-to-day activities. This definition also covers sensory impairments of sight and hearing, severe disfigurement, cancer, multiple sclerosis and HIV/AIDS as soon as they are diagnosed.

Under the The Disability Discrimination Act 1995 a long term disability must have :-

• lasted for more than 12 months; or
• be expected to last for that period; or
• be expected to last until death if life expectancy is less than 12 months:

An impairment is deemed to affect the ability to carry out normal day-to-day activities if one of the following items is affected :-

• ability to use hands, eg for writing or cooking
• mobility
• memory or the ability to concentrate, learn or understand
• physical co-ordination
• the ability to lift, carry or move ordinary objects
• continence (the ability to control your bladder or bowels)
• speech, hearing or eyesight
• being able to recognise physical danger

Addiction to alcohol, nicotine or any other non prescription drug along with hay fever, exhibitionism, voyeurism, tendency to steal, set fires, physical or sexual abuse of others and tattoos or body piercing are not covered by the The Disability Discrimination Act 1995 however any subsequent physical damage caused by any of these conditions may be.

It is now unlawful for an employer to :-

• discriminate against a disabled person
• treat anyone less favourably because of disability
• harass a disabled person
• victimise a disabled person who takes or assists in legal action because of discrimination
• fail to carry out 'reasonable adjustments' to the workplace to enable continuance of work which may include :-
  • structural alterations to buildings
  • the supply of special equipment
  • transfer to a different post or work place
  • altering hours of work or giving extra time off

Our solicitors operate the no win no fee scheme and make no charge whatsoever if the claim is lost. Our claims are totally risk free. If compensation is recovered on your behalf then costs are charged based on a percentage of the total sum recovered. This figure is agreed in advance and there are no hidden extras. You know exactly where you stand from the very beginning. If you would like to discuss your potential claim with a specialist lawyer with no charge and with no obligation just use the helpline or complete and send the contact form.