The Disability Discrimination Act 1995 makes it unlawful for organisations, regardless of size to discriminate against current or prospective employees for reasons relating to their disability.
Whilst you might be a registered disabled person the legal definition of disability covers a much wider category of physical and mental impairment, so check whether your disability is covered by the legislation. for example illnesses such as cancer, multiple sclerosis and HIV infection are regarded as disabilities under the Ac from the moment they are diagnosed.
It is unlawful for your employer to discriminate against you because of your disbility, unless your employer can show that the treatment is justified.
Discriminatory behaviour might for example include:
Find out whether your employer has a policy about disability discrimination at work, what it says and how you might go about raising such issues with management.
Make sure you make a note of the behaviour you believe to be discriminatory, when it took place and by whom.
Consider talking to work colleagues who you believe may be suffering from similar behaviour. It might be that you can approach the problem together.
If you are a member of a trade union talk to your union representative.
If you feel confident enough you might wish to talk to the individual(s) you believe is/are being discriminatory. Explain your feelings and ask him/her/them to change their behaviour.
If the behaviour persists, whether you have spoken to the culprits or not, you may have to follow your organisation's policy on disability discrimination. If your organisation does not have a specific policy you may have to use your organisation's grievance procedure. You have a legal right to be accompanied at such a meeting.
You may wish to contact the Disability Rights Commission a national body that can provide help and support to disabled persons. If you're thinking of bringing a claim of disability discrimination to an employment tribunal, remember that you must use the grievance procedure first. Such a claim must normally be made within three months of the discriminatory act. Make sure you seek sound advice before going down this route.
Discrimination law is complex and you should take advice at an early stage. If you are not a union member then you might want to talk to a solicitor (there might be a charge for such a meeting), the Citizens Advice Bureau, an ACAS Officer or staff at a Law Centre.
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