Treating disabled people unfairly in the workplace.

Treating disabled people unfairly in the workplace.

Treating disabled people unfairly in the workplace is going to land you in hot water and if you are not careful, FINED!

Employees are less likely to complain for the fear of losing their jobs especially if they rely on their salaries to live. 61% of workers in insecure employment came to work when they were unwell. GMB. Precarious Workers Poll. June 2017. Available from: www.gmb.org.uk/newsroom/millions-insecure-work

Working long hours increases the likelihood of a major depressive episode
Virtanen M, Stansfeld SA, Fuhrer R, Ferrie JE, Kivimäki M (2012) Overtime Work as a Predictor of Major Depressive Episode: A 5-Year Follow-Up of the Whitehall II Study. PLoS ONE 7(1): e30719. Available from: journals.plos.org/plosone/article?id=10.1371/journal.pone.0030719 A company that assumes a person to be well and will give overtime in an indirect way, could be seen as indirect discrimination, assuming a disabled person can work the extra hours. (If you refuse the overtime it could be deemed you are not loyal to the company, that you are slacking and not pulling your weight like the rest of your colleagues).

Employment Tribunal

Time limits – A claim to an employment tribunal should usually be made within 3 months less, 1 day. This is known as the ‘limitation date’. For example, if an employee wants to claim for unfair dismissal, they have 3 months less, 1 day from the date their employment ended to make the claim. You can make the claim or you can get someone to do it on your behalf, such as a friend.

Indirect Discrimination.

I start this post without mentioning the organization (blue chip company) but despite the employee telling the employer at the time of the interview, that they had a disability somewhat one year later the organization has done nothing to help support the person with the disability. The person wants to stay anonymous.

In fact, after sick leave, this company simply said they would ask and not assume after filling in “a return to work form”, yet not even 24 hours later the company disregarded this person’s disability and put them on a very strenuous job knowing that this person would struggle.

Since posting this article the employee in question was put on the spot today on 06/08/22 and when the employee complained about the work load the line manager(N) said “so what can you do” in a somewhat condenscending way, and continued to say because you look normal then you should be treated no different, I can see 🤑 🤑 🤑 signs when this eventually goes to a tribunal.

I am keeping track of everything so that when the 💩 hits the fan, they won’t know what hit them.

Reporting Your Manager

Reporting to someone about a manager especially if they all play happy families in the staff room will not get you anywhere other than making your life even more difficult to bear. Unless you have the names of HR and other Managers higher up, you may be playing a sticky wicket.

The Best Course Of Action

• First, log the complaint with the manager. For example, if they indirectly discriminate, you can state the job role is causing you discomfort and distress.
• Formally lodge the complaint in writing (that’s if you are brave enough and do not want to be on the receiving end of repercussions, which may follow, where they will find excuses why you are slacking), I have been there, done that, and got the t-shirt, that is why I now work for myself and am my own boss. Moaning about your boss to another boss is not going to earn you brownie points.
• This one is by far my favourite report to ACAS. They will have your back from Day 1 and anything that happens after the complaint is lodged they will be standing by you. (Obviously, the moment you report the complaint your managers will be all over you like a red hot rash and will try to defend themselves even going as far as putting right what was wrong, but do bear in mind everything is short-lived and once the dust is settled they could go back to their old ways). You need to decide if the company you work for is worth your health. If your health is affected because of a direct consequence of a company that has done little to support you, you have to decide if you wish to continue to be treated like a door mat or take action by being compensated for your ill health due to the company’s actions of treating you unfairly, never mind your legal rights and how the company has broken the law. Sometimes we have to weigh up if working for a company that does not support disabilities is worth our blood, sweat and health.

https://www.acas.org.uk/advice

https://www.gov.uk/pay-and-work-rights

As An Employer, Of Disabled Employees You Have To Make Reasonable Adjustments

As an employer employing disabled people must make reasonable adjustments to support disabled job applicants and employees. This means ensuring disabled people can overcome any substantial disadvantages they may have to do whilst performing their jobs. (Equality Act 2010).

An individual can take you to an employment tribunal if they think you have not made reasonable adjustments.

Many reasonable adjustments involve little or no cost and could include:

• making changes to a disabled person’s working pattern
• providing training or mentoring
• making alterations to premises
• ensuring that information is provided in accessible formats
• modifying or acquiring equipment
• allowing extra time during selection ‘tests’

Disability law

Discrimination

It is against the law to treat someone less favourably than someone else because of a personal characteristic, such as being disabled. There are different kinds of discrimination.

Discrimination does not have to be direct to be illegal.

You can discriminate indirectly with working conditions or rules that disadvantage a group of people more than another.

How you can be discriminated against

Discrimination can come in one of the following forms:

• direct discrimination – treating someone with a protected characteristic less favourably than others
• indirect discrimination – putting rules or arrangements in place that apply to everyone, but that put someone with a protected characteristic at an unfair disadvantage
• harassment – unwanted behaviour linked to a protected characteristic that violates someone’s dignity or creates an offensive environment for them
• victimisation – treating someone unfairly because they’ve complained about discrimination or harassment

Employing disabled people and people with health conditions:

https://www.gov.uk/government/publications/employing-disabled-people-and-people-with-health-conditions/employing-disabled-people-and-people-with-health-conditions

If you need help writing a letter and making a complaint just drop us a line using the form below:

#discrimination #disabilitydiscrimination #indirectdiscrimination