“Disability” is a physical or mental impairment having a major and long term adverse effect on the ability to carry out normal activities. The disability must have lasted, or be likely to last, for at least 12 months to be considered “long term”.
Employees, who feel that they are being subjected to such discrimination by their employer or a co-worker, may bring a claim in the Employment Tribunal.
Under the DDA there is no qualifying period of employment so an employee could bring a claim on day one. The DDA applies to employees, the self-employed, agency workers and job applicants.
The DDA applies to both public and private sector employers and a claim must be brought within three months from the date of the incident.
The DDA forbids direct discrimination where a person is treated less favourably than another person for a reason directly attributed to their disability, such as where an employer automatically excludes a job applicant who has put bi polar on the application form. Claims can also be brought for indirect discrimination for reasons connected with a disability and for the employer’s failure to make reasonable adaptations to premises.
Compensation can be awarded for injury to feelings and financial losses if appropriate. Compensation is uncapped and can encompass loss of past and future earnings; loss of pension, interest and other expenditure connected with the discrimination. Aggravated damages can be awarded for injury to feelings where the employer has acted in a particularly despicable manner. If you become ill and depressed, usually found in harassment cases, you can also claim compensation.
Personal injury lawyers can assist with your compensation claim on a no win no fee basis.
