05. Discrimination at work

If you have a disability, it is unlawful (illegal) for an employer to discriminate against you when:

• choosing someone for a job; and
• considering people for promotion, dismissal or redundancy.

For example, when you are applying for a job, an employer must not discriminate against you because of your disability:

• when deciding who should be offered the job. This includes the job description, the 'person specification' (the description of the skills, experience and qualifications needed to do the job), the application form, the short-listing process, interviewing and final selection.
• in making any 'reasonable adjustments' to the workplace or working arrangements so that a person with a disability could do the job; and
• the terms of the employment contract, such as pay, holidays or working conditions.

For example, if you are turned down for a job because a disability has stopped you getting a driving licence, the employer could be guilty of discrimination if:

• the driving licence is not strictly necessary to do the job because the amount of travelling is small and you could do it, for example, by taxi; and
• you are otherwise the best candidate for the job.

And if you are turned down because your disability would make it harder for you to do the job than a person without disabilities, the employer could be guilty of discrimination if:

• they could make 'reasonable adjustments' to the workplace or working arrangements which would mean you would be able to do the job; and
• you are otherwise the best candidate.

'Reasonable adjustments' might be, for example:

• providing a different keyboard, phone or lighting;
• providing extra training;
• giving you a parking space at work;
• moving a workstation so that someone in a wheelchair can use it; or
• changing the working hours to fit in with a care assistant.

What is reasonable depends on the circumstances. For example, it might be reasonable for a large employer to make more adjustments than a smaller employer.

The law also applies to membership of trade unions and associations.

When employers don't have to keep to the law
For now, the Disability Discrimination Act does not apply to employers who have fewer than 15 employees, but this will be changing so that it will apply to all organisations.

It also doesn't apply to:

• prison officers;
• firefighters;
• the police;
• the armed forces;
• jobs on board ships, aircraft or hovercraft; and
• jobs where you have to work outside Great Britain most of the time.

However, there are new laws planned which would prevent discrimination against people with disabilities working in some of these areas.

If you are dismissed or made redundant
An employer must not discriminate against disabled people when dismissing staff or making them redundant, unless they can properly justify it. For example, an employer might be able to justify asking you to take early retirement if your disability has got worse to the point that you can no longer do the main part of your job, and there are no other jobs that you could do.

If you are being harassed
The law does not directly make it unlawful for someone to harass you because you have a disability. But if you face harassment or abuse at work, this would count as discrimination because employees who did not have disabilities would not be treated in the same way. Your employer would be responsible for getting the person or people who are harassing you to stop.