Disability Discrimination

Friendly and professional service

A network of solicitors and barristers that can help

Remember you are protected by the law

Call and start you harassment claim today

What is Disability Discrimination?

It is against the law to discriminate against disabled people in various areas of their lives.

If disability discrimination takes place in any of the following situations, you may be able to take action about it:

at work

when providing goods, facilities and services

when  renting or buying property

in education.

There are some important areas where it is not against the law to discriminate against disabled people, for example, in access to public transport services. Disability discrimination can either be direct or indirect.

Call our harassment claim line on 0845 519 7798 or complete our harassment claim form

Disability discrimination is where you are treated less favorably because of your disability than someone without a disability would be treated in the same circumstances.

Here is an example of direct discrimination because of disability:

A pub allows a family with a child who has cerebral palsy to drink in their beer garden but not in their family room. The family with the disabled child are not given the same choices that other families have.

Indirect discrimination is where there is a rule policy or practice which seems to apply equally to everyone, but which actually puts disabled people at an unfair disadvantage compared with people who aren't disabled.

Here is an example of indirect discrimination:

A local authority produces an information leaflet about its services for local people. It does not produce an easy-to-read version of the leaflet in order to save money. This would make it more difficult for someone with a learning disability to access the services and could amount to indirect discrimination.

Sometimes, it is possible to justify the rule, policy or practice that puts disabled people at a disadvantage. For example, there could be a health and safety reason, or an unavoidable business reason. Where this is the case, it won't count as discrimination

Call our harassment claim line on 0845 519 7798 or complete our harassment claim form

It is Disability Discrimination:

to harass you if you are disabled, for example, by making jokes about your disability

to victimise you if you take legal action because of discrimination against you, or if you help someone else to take legal action because of discrimination

not to take steps to make sure that disabled people can have access to things like goods, facilities and services, a workplace, an educational establishment, an association, or a public building. This is called making reasonable adjustments

if someone discriminates against you because of someone you have a connection to who is disabled, such as your partner or child. This is known as discrimination by association.

Here is an example of discrimination by association:

An employer disciplines a woman because she has had to take time off to care for her disabled child. He has not disciplined other workers who have had similar amounts of time off work. This would be counted as direct Disability discrimination.

Call our harassment claim line on 0845 519 7798 or complete our harassment claim form

What counts as a disability?

There are rules about what the law counts as a disability, when considering whether or not discrimination has taken place.

The law says that 'disability' means a physical or mental impairment, which has a substantial and long-term negative effect on your ability to carry out normal day-to-day activities. There are special rules for people with cancer, HIV and multiple sclerosis and for people who are blind or partially sighted – see below.

According to this definition, impairments can include sensory impairments, such as sight and hearing, or mental impairments such as learning disabilities, dyslexia and mental illness. Some severe disfigurements count as a disability. Some conditions that can worsen over time such as multiple scleroses and HIV/AIDS are regarded as a disability as soon as they are diagnosed, even before they start to affect your day-to-day activities.

To have a long-term disability means that the disability:

has lasted for at least twelve months; or

is expected to last for at least twelve months; or

is likely to last for the rest of your life, if you are expected to live for less than twelve months.

In some cases, even if medical aids or treatment are used to help control or remove a disability, it is still regarded as a disability. Examples of this include the use of an artificial limb or medication to control epilepsy. However, visual impairment corrected with glasses or contact lenses is not regarded as a disability.

Although a minor impairment may not, on its own, count as substantial, you may have a number of minor impairments which taken together may be seen as having a substantial effect. If an impairment stops having a substantial effect, it can still be regarded as an impairment if there is a reasonable likelihood of the condition recurring, for example, epilepsy.

People with cancer, HIV or multiple sclerosis

If you have cancer, HIV or multiple sclerosis, you are automatically counted as having a disability. This means that you don't have to show that you have an impairment that has a substantial, adverse, long-term effect on the ability to carry out normal day-to-day activities. You are counted as having a disability from the date you are diagnosed with the condition.

Call our harassment claim line on 0845 519 7798 or complete our harassment claim form

People who are blind or partially sighted

You are counted as having a disability if you are either:

certified as blind or partially-sighted by a consultant ophthalmologist; or

registered as blind or partially-sighted by a local authority.

What does not count as a disability

The law does not currently count the following as disabilities:

addiction to alcohol, nicotine or any other substance not prescribed by a doctor. However, damage to health caused by the addiction may be considered a disability

hay fever

certain personality disorders (for example exhibitionism, voyeurism or a tendency to steal, set fires, or physically or sexually abuse other people)

tattoos and body piercing.

Also see: Harassment at work and Discrimination at work

How do I make a Discrimination or Harassment Claim?

If you are being discriminated or harassed in any way the call and speak to one of our network of solicitors and will handle you claim. They will process your claim and update you every step of the way until they have claimed the maximum amount of compensation to ease any suffering that you have had.

You can call our harassment claim line on 0845 519 7798 to speak to one of our harassment claim specialists or complete our online contact form and we will call you back within the hour.