Explains what laws protect you from discrimination at work, what you can do if you are discriminated against, and where you can get support and advice.
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There are a number of ways to challenge disability discrimination at work. What's best for you will depend on exactly what has happened and how you feel about it. But it's usually a good idea try to resolve things as quickly and informally as possible. If this doesn't work, you have the option of taking a legal claim to the Employment Tribunal.
This page provides information on:
In general the stages you might go through to reach a resolution look like this:
Start by speaking to your colleagues, manager or HR department as soon as possible. If you can it's usually best to resolve your problem by just talking it through, as this will be more relaxed and also helps to keep good working relationships.
If you're satisfied with the outcome at this stage, your dispute comes to an end. If not, you can continue.
If you would like to resolve your issues through formal procedures, how you do this will depend on whether or not you are already involved in a formal procedure.
If you are involved in a formal procedure this may also raise employment issues, and you may wish to take some specialist employment law advice on these issues. See our useful contacts page for details of organisations who may be able to help.
There are a few different formal procedures that you may already be involved in with your employer:
These formal procedures will often set out what you can do if you do not agree with how you have been treated. For example, you may be allowed to appeal against a decision your employer has made in a formal procedure. If you believe that you may have been discriminated against then you can raise this in your appeal.
James experiences moderate depression and has taken a number of days of sick. His employer held an absence management meeting, after which it issued him with an “Improvement Notice” requiring him to improve his attendance over the next 6 months. James feels this is unfair. He appeals against the Improvement Notice.
Many employers have formal grievance procedures in place that allow you to raise complaints about issues in employment. You have the right to take a work colleague or trade union representative with you to any grievance hearing.
In this case it may help to:
If you're satisfied with the outcome at this stage, your dispute comes to an end. If not, you can continue.
Before you can go to the Employment Tribunal you must inform Advisory, Conciliation and Arbitration Service (ACAS) of your intention to make a claim. They'll offer you the chance to try and settle the dispute without going to court by using their free 'Early Conciliation' service. Time you spend in early conciliation doesn't count towards the 3 months you have to make a claim to an Employment Tribunal.
If you're satisfied with the outcome at this stage, your dispute comes to an end. If not, you can continue with a legal claim. To do this you'll need an early conciliation certificate.
If you've not been able to resolve your dispute through early conciliation, ACAS will send you an 'early conciliation certificate'. Once you receive this certificate, you'll have the same amount of time left to make your claim as you did before you started conciliation.
Helen's employer discriminates against her. She knows the deadline for bringing a claim to the Employment Tribunal is 3 months away (minus 1 day). She spends 1 month trying to resolve the issue informally and considering her options. She decides she wants to takes things further. She contacts ACAS and spends 2 months in early conciliation. The early conciliation still does not help to settle her dispute, so she decides to continue with her case.
ACAS send Helen an early conciliation certificate. By this point it's been 3 months since the discrimination happened, but because the 2 months she spent in early conciliation doesn’t count, the deadline for making her claim is still 2 months away (minus 1 day).
To make your claim you have to fill out and submit claim form (you can do this online using the Employment Tribunal Service). You can also download the claim form (called an ET1 claim form) here on the gov.uk website.
If you decide to take this step:
In most cases no. But in rare cases the Employment Tribunal can extend this deadline if it is "just and equitable" to do so – for example, if you have been very unwell after the discrimination.
If you want to ask for a deadline extension then you should explain your reasons in your ET1 claim form. If you have medical reasons for missing the deadline, ask your GP or another medical professional to provide you with a written letter explaining how your medical condition has affected your ability to put your claim in on time.
Taking legal proceedings against your employer may not be straightforward, since both parties have the right to appeal decisions at various stages, or you may choose to settle your case at any point. But in general, these are the stages you can expect.
As soon as the employer has been notified about your claim, they have 28 days to send a written response.
If they fail to respond in writing within 28 days then your claim will automatically succeed, and your dispute comes to an end. If your employer responds disputing your claim, then your claim will continue.
Some straightforward cases will be listed for a "fast track hearing" but for disability discrimination cases you will usually be invited to a "pre-hearing". The purpose of the pre-hearing is:
If you still work for the employer you may be offered judicial mediation. This is a form of dispute resolution which does not involve going to a final hearing. You and you employer both attend the Tribunal and a specially trained judge helps you try to resolve your dispute. The mediation is in private, and if you can't resolve your dispute, nothing you or the employer say at the mediation can be referred to at any final hearing.
Often mediation can be successful, and your dispute comes to an end. If not, your claim may continue.
This is the 'trial' stage of your claim. Disability discrimination claims are heard by a Tribunal panel consisting of a judge and two other panel members with relevant experience of employment issues. You and your witnesses will be given the opportunity to:
The employer or its representative will be entitled to ask you questions about your evidence – this is called "cross-examination". The employer's witnesses will also present their own evidence and you or your representative can cross-examine them.
The Tribunal panel often also asks its own questions of you, the employer and any witnesses.
After the hearing the Tribunal panel will reach a decision about whether you have won or lost your claim. If you win you are usually entitled to compensation (money). Sometimes they will make recommendations, for example that the employer makes any reasonable adjustments you've asked for. They could tell you their decision:
If you ask them to, they will always explain the reasons for their decision in writing.
If you and the employer accept the judgment and decisions, your dispute comes to an end. If not, your claim may continue.
If you've won your claim but the employer still does not make an acceptable offer of compensation then the Tribunal will arrange a "remedy hearing". Here it will hear the evidence again and make a final decision on what the employer must pay (called the "remedy").
If the employer accepts the remedy, your dispute comes to an end. If not, they may appeal and your claim may continue.
The Citizens Advice website has more information about taking a claim to an Employment Tribunal, including what kinds of costs might be involved and what it's like.
One way or another, your dispute will eventually come to a conclusion. This can be a difficult time, regardless of the outcome. For example, you might:
However you feel when your dispute ends, it's important to make time to look after yourself and think about what helps you stay well. Our pages on wellbeing, managing stress and being mentally healthy at work have some tips.
These are changes that:
should make for you if you are at a major disadvantage because of your mental health problems and it is reasonable.
Examples of reasonable adjustments include:
When someone is treated worse because of their physical or mental health condition, this is known as 'disability discrimination'.
The Equality Act is the law that explains what a disability is, and when worse treatment counts as discrimination.
Generally, you have to show that you have a disability before you can challenge worse treatment as disability discrimination. The exceptions to this are if you received worse treatment because your employer thinks you're disabled but you're not, or because of your association with a disabled person.
See our pages on disability discrimination for more information.
Visit our full listing of Legal TermsThis information was published in March 2018. We will revise it in 2021.
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