Discrimination against an employee on the grounds of their disability is unlawful under the Disability Discrimination Act 1995 (DDA).

Disability is defined by the Act as:

".....a physical or mental impairment which has a substantial and long-term adverse affect on his ability to carry out normal day to day activities"

The effect of the impairment on the employee must have lasted, or be likely to last at least 12 months.

An employer will be unlawfully discriminating against a worker where, due to reasons relating to the workers disability:

1. without justification, treats the worker less favourably than he treats or would treat others who do not suffer from a disability
2. fails to make reasonable adjustments
3. on the grounds of a workers disability, treats him less favourably than he treats or would treat a worker without the disability and whose relevant circumstances and abilities are the same
4. victimises or
5. harasses him/her.

Disability discrimination can lead to stress or even personal injury.

As an employee, you should be aware that if you feel that you are being discriminated against at work on the grounds of your disability, you must first bring the matter to your employer's attention though the company's internal grievance procedure, before bringing a claim in the Employment Tribunal.

There are strict time limits for commencing claims in the Employment Tribunal and Courts.

If you believe you have a claim for Disability Discrimination against your employer please complete our Free Online Assessment Form, now. We will then respond to you usually within 48 working hours, including a free, initial assessment of your claim.

Alternatively if you prefer you can download a free initial assessment form from this site and send it to net employment solicitors, at the address on our contact page.