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DISABILITY DISCRIMINATION SOLICITOR COMPENSATION CLAIMS - EMPLOYMENT TRIBUNAL
Individuals who have been discriminated against or who have received unfair treatment due to a disability may be eligible to receive compensation from an employer. If you think your employment was wrongfully terminated or you were treated unfairly, one of our disability discrimination solicitors can intervene on your behalf and negotiate a settlement with your employer for either reinstatement and/or compensation. Our disability discrimination solicitors deal with employment compensation claims using the no win no fee scheme otherwise known as a conditional fee arrangement. A previously agreed percentage of any damages settlement is the basis for legal fees due under a no win no fee agreement. If the solicitor doesn’t win compensation for you then you aren’t obligated to pay anything at all.
Disability Discrimination Act 1995
The Disability Discrimination Act of 1995 defines a disability as “an impairment of mental or physical abilities, which has a considerable and continuous adverse effect on the capacity to carry-on routine daily actions.” Employers may not single out people with disabilities, meaning they must be treated as equals in all areas similarly to their co-workers who are non-disabled. Employers and service providers must provide disabled workers with the same opportunity for promotions, increased responsibility, work assignments, access to facilities or services, the ability to buy goods and not impeded the liberty to buy or rent property if appropriate. The Disability Discrimination Act additionally includes provisions for people who suffer from multiple sclerosis, HIV, AIDS, limited sight and serious deformation.
A prudent disability discrimination solicitor must weigh or contemplate the following before negotiating a compensation claim. It must be shown that a long-term condition exists that:
- is anticipated to last at least 12 months or has lasted 12 months or more
- in the case of an individual having less than 12 months anticipated lifespan then the condition must be expected to be prevalent until death
Impairments that have an effect or have been determined to have an effect on the individual’s capacity to do regular or routine functions include:
- use of hands
- the skill of concentrating, learning or understanding
- physical bearings
- speech, hearing or eyesight
- the capacity to lift typical objects in the work, which includes carrying or moving
- continence (control of bladder or bowel movements)
- being capable of observing physical danger
Although not specifically endorsed by the legislation, physical impairment stemming from one or more of the following condirions may be treated as a disability in rare cases:
- alcohol addiction
- cigarette addiction
- non-prescription medication dependency
- body piercings
The Disability Discrimination Act 1995 indicates that an employer or service provider may not in the case of a disabled person:
- treat unfairly
- victimise a person who takes or assists in a discrimination claim
An employer must carry out “reasonable adjustments” to the workplace to include:
- structural modifications to buildings
- supply of appropriate equipment
- transferring to a previously modified workplace
- changing hours of work in order to make it easier to enter or exit
As the landscape of business changes and expands, so does employment law. Over the last thirty years employee rights have been better defined and have become substantially stronger. Trade union developments together with the UK’s participation in the European Union have enhanced workers’ rights.
Previously, employment law was usually established through changes in common law. The common law is most often changed by decisions made in court cases which may made the process slow and sometimes cumbersome. Most changes to employment law and the assurance of employee rights are now enacted directly by Parliament through the European Union. The most significant legislation is the Employment Rights Act 1996 which has meaningful applications in all facets of workplace rights and responsibilities as follows:-
The number one consideration of employees is usually wages. The very purpose of accepting employment is to earn a wage, pay the bills and feed the family. A worker agrees to trade hours, providing a service for wages and the basic right of an employee is the conservation of wages. Under the Employment Rights Act 1995, employees have a “guaranteed payment”. Employers are forbidden from making unauthorised deductions from an employee’s pay.
Time off Work
Quite possibly the second most fundamental right guaranteed under the legislation is the entitlement to time off. Maternity leave is one such entitlement that cannot be the basis of termination or dismissal which would be a case of unlawful pregnancy discrimination. There are also guidelines for documented medical problems, training and public duties.
Dismissal and Redundancy
Two subjects examined in the Employment Rights Act 1996 are redundancy and dismissal. Unfair dismissal takes place when an employer ends the employment contract of an individual without a legal reason to do so. Minimum and maximum redundancy compensation is also outlined in the Act.
The Employment Rights Act 1996 outlines the measures used to resolve conflicts involving employee rights. It furnishes wronged employees with the opportunity to have their grievances judged by the Employment Tribunal. A “jurisdiction list”, which can be picked up from a local tribunal office outlines the application procedures.