Failure to make reasonable adjustments – this form of discrimination only applies in disability cases. For the purposes of the disability discrimination act 1995, a “disabled person” is defined as a person who has a physical or mental impairment which has a substantial and long-term effect (i.e. more than 12 months) on his or her ability to perform certain everyday tasks.
An employer is under a duty to make reasonable adjustments where any arrangements made by or on behalf of an employer, or any physical feature of premises occupied by the employer, place “the disabled person concerned” at a substantial disadvantage in comparison with persons who are not disabled.
A failure to make reasonable adjustments will be treated as discriminatory treatment, such as:
- making adjustments to premises
- allocating some of the disabled person’s duties to another person
- transferring him/her to fill an existing vacancy
- altering his/her working hours
- assigning him/her to a different place of work
- allowing him/her to be absent during working hours for rehabilitation, assessment or treatment
- giving him/her, or arranging for him/her, to be given, training
- acquiring or modifying equipment
- modifying instructions or reference manuals
- modifying procedures for testing or assessment
- providing a reader or interpreter
- providing supervision
Pursuing a discrimination claim
All employees, regardless of length of service are entitled to bring a discrimination claim. In addition, as described above contract workers are protected from unlawful discrimination. The employment tribunal has exclusive jurisdiction to consider employment related discrimination claims.
Time limits
Usually claims must be submitted within three months of the act of discrimination complained of, but the employment tribunal has a wide discretion to extend this time limit if it considers it just and equitable to do so. In addition, since October 2004, the normal time limit of 3 months can be extended to six months, providing the employer and employee are trying to resolve their dispute internally.
Remedies
If an employee brings a successful claim for discrimination, he or she could be awarded the following remedies:-
- a declaration
- a recommendation by the tribunal of steps that the employer should take to obviate or reduce the adverse effect of the discrimination – this may include re-instatement or re-engagement and other steps
- compensation – this is to reflect the employee’s actual financial losses to the date of the hearing and future financial losses. There is no limit on the amount of compensation that can be awarded
- compensation for injury to feelings – the award may range from £500 to £25,000 depending upon the degree of offence caused to the employee
- compensation for psychiatric injury – if the employee has suffered depression or another clinically well recognised form of mental illness as a result of the discrimination, he or she may also be entitled to compensation for this
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