What are your rights as a disabled person in the workplace?

As a disabled person your rights in the workplace start from the moment you begin to complete the application form for the position you are applying for. An employer has a duty not to put a disabled person – even if they are just a potential employee rather than somebody who has been taken on by the company – at a disadvantage. That is to say, right from the beginning of the application process the employer must ensure that you are not put at a disadvantage compared to other applicants or employees.

The Equality Act 2010 seeks to offer protection for disabled employees and prospective employees and sets out guidelines for employers. You cannot be prevented from applying for a job because of your disability nor can you be refused an interview for the position for reasons connected with your disability. If you are invited to attend an interview your prospective employer must, if necessary, make reasonable adjustments to the interview location and/or surroundings so that you are not put at a disadvantage or not prevented from attending because of physical restrictions. For example, in an interview situation, this may simply mean holding the interview in a different room of the office building, i.e. on the ground floor, rather than where interviews are ordinarily carried out. If your employer – or prospective employer – refuses to accommodate your needs in this way, either in the application process or during interview, they may be seen to be acting in a discriminatory manner and a claim may be bought against them.

An employer’s duty not to discriminate against you continues throughout the course of your employment. You should continue to be treated in the same way as your colleagues and your employer must carry out a review of your work station, or the place of work in general, to assess whether any changes - or ‘reasonable adjustments’ – are likely to be required to prevent you from being put at a disadvantage in the workplace. Reasonable adjustments could include changes to your work station, such as a specially adapted desk or chair, or changes to your working hours.

This right not to be discriminated against because of your disability also extends to matters relating to aptitude and proficiency tests, pay, terms of your employment contract, opportunities for promotion, training courses, benefits (such as gym membership), dismissal and redundancy. You cannot be selected for redundancy just because you are disabled.

If you are disabled and feel that you have been treated contrary to the Equality Act 2010 you should initially raise any issue with your employer. If the issues cannot be resolved you may wish to request the advice of an employment lawyer who will discuss with you in detail your rights and any cause for complaint you may have against your employer.

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