Do I Have a Disability Discrimination Claim Against My Employer Under the Equality Act?

Question from Sarel, Do I Have a Disability Discrimination Claim Against My Employer Under the Equality Act?

Answer from AI:

The Equality Act 2010 in the UK provides protection against discrimination for individuals with disabilities. This includes discrimination in the workplace, such as during promotion processes. However, whether you have a valid claim for disability discrimination depends on several factors.

Understanding Disability Discrimination

Under the Equality Act, disability discrimination can occur in several ways:

• Direct discrimination: This happens when someone is treated less favourably because of their disability than someone without a disability.
• Indirect discrimination: This occurs when a policy or practice that applies to everyone particularly disadvantages people with a certain disability.
• Failure to make reasonable adjustments: Employers are required to make reasonable adjustments to reduce or remove disadvantages faced by disabled people.
• Discrimination arising from disability: This happens when a disabled person is treated unfavourably because of something connected with their disability.
• Harassment: This involves unwanted behaviour linked to a disability which violates a person’s dignity or creates an offensive environment for them.
• Victimisation: This occurs when someone is treated badly because they have made a complaint of discrimination under the Equality Act.

Assessing Your Situation

Based on your description, it seems you were treated fairly during the promotion process. You were given the opportunity to request reasonable adjustments, which you declined, and you received positive feedback on your performance. The fact that you were not promoted does not necessarily mean you were discriminated against.

However, if you believe that your disability was a factor in the decision not to promote you, you may have a claim for discrimination arising from disability. This would require evidence that you were treated unfavourably because of something connected with your disability.

Seeking Legal Advice

It’s important to consult with a legal professional to assess your situation. They can help you understand your rights under the Equality Act and determine whether you have a valid claim. If you do have a claim, they can guide you through the process of seeking an Ex Gratia payment or other resolution.

Resources

For more information on disability discrimination and your rights under the Equality Act, you can visit the Equality and Human Rights Commission website.

Remember, this information is general in nature and does not constitute legal advice. Always consult with a legal professional for advice tailored to your specific circumstances.