Prevent discrimination and value diversity

Discrimination against disabled people

Under the Disability Discrimination Act 1995, as amended, it amounts to unlawful disability discrimination if an employer:

• Treats an employee or job applicant unfairly on the ground of their disability - eg an employer refuses to employ someone even though they are suitable for the job, simply because they are a wheelchair user. This is direct disability discrimination, which can never be justified.
• Treats an employee/job applicant unfairly for a reason relating to their disability - eg an employer dismisses an employee because of their long-term absence caused by having an arm amputated following a car accident. This is disability-related discrimination, which may be justified in certain circumstances.
• Fails to comply with its duty to make a reasonable adjustment for an employee/ job applicant. This type of discrimination cannot be justified unless the employer doesn't know - or could not reasonably be expected to know - that the employee/applicant is disabled and is likely to be placed at a substantial disadvantage. However, the employer must do all it can reasonably be expected to do to find out whether this is the case.

Victimisation is also unlawful under the Act, ie it is unlawful for an employer to treat an employee (the victim) unfairly because they have:

• given evidence or information in connection with proceedings brought under the Act
• done anything else under the Act
• alleged someone has contravened the Act

For example, a disabled employee alleges discrimination because his employer refuses to promote him. A colleague gives evidence at the tribunal on his behalf and, as a result, the employer makes the colleague redundant. This amounts to unlawful victimisation (as well as unfair dismissal).

The Act also includes harassment but does not cover indirect disability discrimination. See the page in this guide on common areas of discrimination law.

What counts as a disability?

The Disability Discrimination Act 1995, in general, considers someone to be disabled for the purposes of the Act if they have a physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities.

However, special rules apply to certain impairments such as progressive conditions. For example, people with cancer, HIV and multiple sclerosis are protected effectively from the point of diagnosis.

In addition, a mental illness does not have to be "clinically well recognised" before it is judged to be a mental impairment for the purposes of the Act.

Certain conditions are not regarded as impairments for the purposes of the Act, eg drug or alcohol addiction or a tendency to start fires, steal or physically abuse others.

For more on discrimination law in general, see the page in this guide on the common areas of discrimination law.

Reasonable adjustments

Employers have a duty to make reasonable adjustments to their premises, practices and procedures to enable a disabled person to work or continue working if they would otherwise be at a substantial disadvantage compared with non-disabled workers. Reasonable adjustments often involve little or no cost to your business. See our guide on how to provide access and facilities for disabled people.

Subjects covered in this guide

• Introduction
• Common areas of discrimination law
• Discrimination during recruitment
• Sex discrimination
• Equal pay and conditions
• Age discrimination
• Discrimination against disabled people
• Discrimination on the grounds of race
• Discrimination on the grounds of religion or belief
• Discrimination on the grounds of sexual orientation
• Discrimination over membership or non-membership of unions
• Discrimination in day-to-day working practices
• Equality and contracting with the public sector

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