The Rights Of The Disabled And Disability Discrimination At Work

The rights of the disabled to fair and equitable treatment in the workplace are now as firmly established in law as any other form of discrimination if not in practice. The essence of the disability discrimination law is the same as any other in that it makes it illegal to treat a disabled worker in a different way to any other worker. Unfortunately, unemployment rates are much higher among disabled workers than the national averages so it would seem that the legal changes have not yet resulted in real-life changes trickling down among employers.

Question Procedure For Disability Discrimination

One difference between disability discriminations and other form of discrimination is in the process for pursuing a claim if someone feels they are being discriminated against in their place of business. As with other discriminatory problems, people are expected to try resolving the issue through an informal approach and then go through the employer's internal grievance procedure (see our other articles on these subjects). If that doesn't work, then, as well as contacting ACAS, the Advisory Conciliation and Arbitration Service or making a complaint to an Employment Tribunal, for disability discrimination issues there is also the option to follow the 'Questions Procedure'.

This is based on the Disability Discrimination Act questionnaire (DL56) which can be obtained from the Citizens Advice Bureau (CAB) or a Jobcentre Plus. The form is filled out by initially by the employee and then the employer, regardless of whether or not either side agrees with what the other has written. The results of the questionnaire should help point out each side's arguments to the other and make it clear if the issue can be settled, or whether it should be taken before an Employment Tribunal.

Other Differences Regarding Disability Discrimination

One other main practical difference from legislation covering disability discrimination, as opposed to subjects such as race or religion, is that companies with fewer than twenty employees are exempt from the bill. In addition, it is allowable to refuse to employ a disabled worker because of their disability, but only if it can be demonstrated that their disability would actually get in the way of performing the role at the business. So, for example, it would be permissible to refuse to employ a deaf person for a telephone call centre role, but probably not from a computer programmer's job.

Technology as an Enabler For The Disabled

Technological advances have made a great difference to the employability of disabled people. There are many devices and software on the market to enable physically disabled people to use computers and of course the trend to working at home, using email and the telephone, favours many physically disabled people too.

At Jobcentres disabled workers can get access to specialist knowledge through Disability Employment Advisers, who will help draw up action plans to decide on appropriate careers and arrange necessary training. Jobcentres also have booklets and DVDs for disabled workers featuring real life examples of people who have got work with employers as a result of help from the specialist advice at Jobcentres. There is also a 'Pathways to Work' programme that helps people on Incapacity Benefit back to work.

The law does demand that businesses make reasonable changes to premises to enable disabled people to work there, but in practice employers are reluctant to pay for the possibly expensive alterations. It's sometimes difficult to make alterations that will suit all disabilities and making the changes in a listed building can be very tricky, if not impossible.

Exemptions From Disability Discrimination

One problem is with the exemption of small companies, those of fewer than twenty employees, form the Disability Act. Although the exemption is understandable, in that the costs of altering premises is proportionally a harder burden to bear than for a larger company, this essentially intrinsically discriminates against disabled people and their workers' rights. As the government's emphasis on entrepreneurism and small businesses increases and the number of large employers decreases, as a result of outsourcing and the end of large-scale manufacturing in the United Kingdom, it's a problem that is likely to get worse, not better, and greatly affecting workers' rights for the disabled