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Disability Discrimination legal advice
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We are a firm of solicitors that operates in all areas of employment law. We are able to deal with Disability Discrimination Act claims throughout the United Kingdom. We offer free advice on whether you have a good case, how to start a claim and how much it will be worth. We give clear advice on how we finance your claim which may include no win no fee arrangements in appropriate cases. If after talking to us you decide not to take matters further you are under no obligation to do so and you will not be charged for our initial advice session.
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What is a disability?

For the purposes of the Act it is defined as a physical or mental impairment which has a substantial and long term adverse effect on a person's ability to carry their normal day-to-day activities.

What does the Act do?

The 1995 Act makes it unlawful for employers to discriminate against current or prospective workers who have a disability or who have had a disability in the past. This applies only to employers with 15 or more employees. The employer also has a duty to make reasonable adjustments to either the workplace, workstation or working environment to help the disabled person cope with their disability.

Can a claim be made under the Act?

People who believe they have been the subject of disability discrimination in employment matters or consider a reasonable adjustment has not been made, may complain to an employment tribunal. There are no length of service or age requirements and the individual does not have to have left employment. The claim must be made within three months from when the discrimination took place.

When does this problem occur?

When an employer treats a person less favourably than he treats other people and this treatment cannot be justified. It also occurs if an employer fails to comply with a duty to make a reasonable adjustment in relation to that person and the failure to do so cannot be justified.

What is a 'reasonable adjustment?

A reasonable adjustment is any step(s) that it is reasonable to have to take in all the circumstances. These adjustments should ensure that employment arrangements or premises do not put a disabled person at a disadvantage in comparison to a non-disabled person. An employment tribunal would look at all the circumstances of the case before making a decision as to what constituted reasonable adjustments. For example, things that may have a bearing would be the financial cost of the adjustment, the resources of the employer, practicability of the adjustment and the availability to the employer of financial or other assistance to help make an adjustment.



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