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If you're facing problems at work because of your disability or long-term health condition, seek independent, confidential advice as soon as you can. It may be possible to settle matters amicably with your employer just by having a clear idea of what your rights are and what help, such as Access to Work grants may, be available. If this doesn't work the next step will usually be to raise a grievance and, as a very final resort, you may have to take your case to an employment tribunal.
Finding specialist employment law advice isn't easy, however, if you can't afford to pay for a solicitor. A good place to start looking is the Advice Search facility on the CLS Direct website.
Benefits and Work members have access to factsheets on disability discrimination and on the failure to make reasonable adjustments.
Am I covered by the Disability Discrimination Act
This factsheet explains the four part definition of disability and the duties employers have under the DDA.
The good news is that you don't have to be 'disabled' to be protected by the Disability Discrimination Act. If you have a long-term health condition that has a substantial adverse affect on your everyday activities, then you may be covered by the Disability Discrimination Act. This includes everyday health problems, such as:
If your condition affects everyday activities, such as your:
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ability to move around
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manual dexterity
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physical co-ordination
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continence
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ability to lift, carry or move ordinary objects
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speech, hearing or eyesight
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memory, or ability to concentrate, learn or understand
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ability to recognise physical danger
and has lasted, or is likely to last, at least a year, then there's a good chance that you are covered by the Disability Discrimination Act.
Reasonable adjustments for jobseekers and employees
This factsheets deals with reasonable adjustments. In the course of 8 pages it covers issues such as:
- Who has a right to reasonable? adjustments?
- Who has to make reasonable adjustments?
- What kind of reasonable adjustments should an employer make?
- Reasonable adjustments: in the application process; when deciding who to select; when you are in work; when your job has come to an end.
- Is the adjustment reasonable?
- Cash help for reasonable adjustments.
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