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Take action > Employment

If you’re facing a problem at work, or even just applying for a job, click on the relevant area below.  This will take you through to information about the Equality Act and ways you can assert your rights in employment.

There are links to template complaint letters and videos illustrating how disabled people have campaigned to improve participation and made changes through other legal processes.

Whether you have a disability, long term health condition or learning difficulty, the Employment pathways aim to give you enough understanding to take action early, when a problem first arises.

You can generate a printer friendly version of the information or download it as a PDF or Word document.

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Applying for a job

Reasonable adjustments not made in recruitment process

Useful knowledge

Employers have a duty to make ‘reasonable adjustments’ for disabled applicants at all stages of the recruitment process. This means everything that informs their decision on who they employ to fill a vacancy. This includes job vacancy adverts, application forms or processes, and participation in interviews, exercises, assessments or tests.

Useful skills

  • Effective communication
  • Negotiation skills

Ways to assert your legal rights

Make sure the recruitment person or HR department know, as far ahead as possible, the adjustments you need to participate equally at the interview or assessment. This will enable them to make the adjustments in good time.

Many employers will ask all applicants in advance if they require need adjustments for this purpose. Although most employers’ recruitment processes will allow for basic adjustments e.g. interview rooms with door frames wide enough for wheelchair access, it’s best not to assume this will be the case. You are the one who understands your needs and knows best what will work for you.

If the recruiter hasn’t made suitable adjustments, despite being made aware in plenty of time, you should raise this with them as soon as possible. Explain the impact this will have / has had on your ability to participate in what can already be a stressful process.

The recruiter must provide you with the same opportunity to participate in the process as non-disabled applicants. They must therefore make sure any barriers faced by you have been fully considered before making any decisions about who to appoint.

If this hasn’t happened, and you feel you were unable to perform to your best ability due to adjustments not being made, ask for the contact details of the recruiter’s line manager, supervisor or head of the department where the job vacancy is. Explain by telephone, email or letter what happened and explain the impact the lack of adjustment had on your performance.

Click here for a template letter you can send to the employer.

If you don’t get a satisfactory resolution, you can take a claim to an employment tribunal. There are timescales within which a claim should be made. In general, the time limit within which a claim of disability discrimination must be raised is three months less one day from the date of the discrimination taking place.

Before taking an employer to an employment tribunal, you must first attempt what is termed ‘early conciliation’. Early conciliation is a service delivered by the Advisory, Conciliation and Arbitration Service (ACAS), a publicly funded but independent organisation. Engaging early conciliation can reduce the stress and anxiety caused by taking a claim to an employment tribunal. If engaged within its own time limit (also three months less one day), early conciliation extends the time period for taking action via a tribunal, if you need to take it that far.

If you’re a member of a trade union, it’s worth engaging their support as early as possible, but at any stage of the process. Find out more about joining a trade union.

You can have confidence in the process because

Disabled employees are protected from discrimination, harassment and victimisation by The Equality Act 2010.

You can get more help from

The Equality Advisory & Support Service (EASS) runs a free helpline assisting individuals with equality and human rights issues across England, Scotland and Wales.

  • Telephone 0808 800 0082
  • Text phone 0808 800 0084
  • Email through website form

ACAS runs the Early Conciliation service for when you can’t sort out things directly with an employer.

Download this as a PDF or Word document
PDFWord

Asked about disability or health condition prior to job offer

Useful knowledge

Apart from asking about any ‘reasonable adjustments’ required to participate in an interview or assessment, an employer is only allowed to ask about a disability or long-term health condition before making a job offer in very specific circumstances, as outlined below.

Otherwise, an employer must not ask you about your disability or health condition until after a job offer has been made. At that point, it’s appropriate for an employer to ask about any reasonable adjustments you might need to fulfil the role.

Useful skills

  • Effective communication
  • Openness
  • Self-awareness
  • Problem solving

Ways to assert your legal rights

An employer can ask questions that address health or disability in four instances:

  • To identify that a core function of a role can be met
  • In the case of positive action e.g. if they have don’t have many disabled staff at the moment and they want to increase the number
  • Where a disability is a prerequisite for doing the job e.g. a deaf trainer may be the most suitable person to deliver courses to deaf people
  • For monitoring purposes, where the identity of each candidate is anonymised.

Otherwise, if an employer asks you about your disability or health condition prior to making a job offer, you can contact the Equality and Human Rights Commission (EHRC) with your concerns. The EHRC may take action against the employer.

If an employer asks you about your disability or health condition prior to making a job offer, and then does not offer you the job, this could be discrimination due to disability.  Ask for reasons outlining why the job offer has not been made to be put in writing. Put to them directly any concerns that the offer has not been made due to your disability.

If you’re not satisfied with these reasons, and believe it may be disability discrimination, you can take a claim to an employment tribunal. There are timescales within which a claim should be made. In general, the time limit within which a claim of disability discrimination must be raised is three months less one day from the date of the discrimination taking place.

Before taking a current or former employer to an employment tribunal, you must first attempt what is termed ‘early conciliation’. Early conciliation is a service delivered by the Advisory, Conciliation and Arbitration Service (ACAS), a publicly funded but independent organisation. Engaging early conciliation can reduce the stress and anxiety caused by taking a claim to an employment tribunal. If engaged within its own time limit (also three months less one day), early conciliation extends the time period for taking action via a tribunal, if you need to take it that far.

If you’re a member of a trade union, it’s worth engaging their support as early as possible, but at any stage of the process. Find out more about joining a trade union.

You can have confidence in the process because

Disabled employees are protected from discrimination, harassment and victimisation by The Equality Act 2010.

You can get more help from

The Equality Advisory & Support Service (EASS) runs a free helpline assisting individuals with equality and human rights issues across England, Scotland and Wales.

  • Telephone 0808 800 0082
  • Text phone 0808 800 0084
  • Email through website form

ACAS runs the Early Conciliation service for when you can’t sort out things directly with an employer.

Download this as a PDF or Word document
PDFWord

Problem in current employment

Support and adjustments to do your job

Useful knowledge

Under the Equality Act 2010, employers have a duty to make ‘reasonable adjustments’ on the grounds of disability. However, this duty may not apply if the employer is unaware of your disability – they cannot therefore be expected to know that you’re disadvantaged as a result.

The duty to make reasonable adjustments, as stated by the Equality and Human Rights Commission (EHRC) “aims to make sure that as a disabled person, you have, as far as is reasonable, the same access to everything that is involved in getting and doing a job as a non-disabled person.”

Useful skills

  • Effective communication
  • Openness
  • Self-awareness
  • Problem solving

Ways to assert your legal rights

As the employee, you’ll probably become aware of the barriers you’re facing before your employer does. It’s best to raise them as soon as possible so your employer doesn’t become concerned about your performance.

Raise the issue(s) at a pre-arranged one-to-one session, or ask your line manager for a confidential chat. If this is too difficult, write to or email your line manager.  Explain the difficulties or barriers you’re facing and why these are arising. It’s also a good idea to make suggestions on the types of ‘reasonable adjustments’ the employer could make.

If you’re unsure what adjustments would be suitable, there is support available for both you and your employer to explore and agree what will work. The government’s Access to Work scheme can carry out an assessment and offer support based on the needs identified. Some support might be the responsibility of your employer. Others, such as providing a job coach, would not.

Adjustments in the workplace can include (but aren’t restricted to):

  • Amending working patterns e.g. starting later, offering flexible working
  • Providing or modifying equipment e.g. software packages, desk and chair
  • Adjusting duties or job descriptions
  • Modifying premises, or access to premises
  • Providing additional training
  • Providing instructions in a different format
  • Allocation of a support worker; job coach, interpreter, reader, etc.
  • Moving the employee to a different position within the company.

If after you’ve raised the issue, you’re not satisfied with the action taken, contact your organisation’s Human Resources Officer or similar. Let them know the steps you’ve already taken with your line manager. Again, outline the issues you’ve faced, and provide examples of the adjustments you require to do your job. It would also be appropriate to inform your line manager of the action you’re taking. This could even act as a prompt for them to take further action themselves.

If appropriate action is still not taken via this informal approach, you can take formal steps through your employer’s grievance procedure. This is normally found in a staff handbook, employment contract, or HR intranet site. It may have been provided to you as part of your induction to the company. If you cannot locate it, you should ask to be directed to or sent it. Grievance procedure steps normally include:

  • Outlining your grievance in writing (click here for template letter)
  • Timescales and steps within which the grievance will be looked at
  • When formal meetings are necessary, when they will be arranged and with whom
  • The ability to appeal the decision if you disagree with it

If you still don’t get a satisfactory resolution, you can take a claim for disability discrimination to an employment tribunal. There are timescales within which a claim should be made. In general, the time limit within which a claim of disability discrimination must be raised is three months less one day from the date of the discrimination taking place, or from the end of your employment about a former employer. However, for many reasons it is always advisable to act as soon as possible.

Before taking a current or former employer to an employment tribunal, you must first attempt what is termed ‘early conciliation’. Early conciliation is a service delivered by the Advisory, Conciliation and Arbitration Service (ACAS), a publicly funded but independent organisation. Engaging early conciliation can reduce the stress and anxiety caused by taking a claim to a tribunal. If engaged within its own time limit (also three months less one-day), early conciliation extends the time for taking action via an employment tribunal, if you need to take it that far.

If you’re a member of a trade union, it’s worth engaging their support as early as possible, but at any stage of the process. Find out more about joining a trade union.

You can have confidence in the process because

Disabled employees are protected from discrimination, harassment and victimisation by The Equality Act 2010.

You can get more help from

The Equality Advisory & Support Service (EASS) runs a free helpline assisting individuals with equality and human rights issues across England, Scotland and Wales.

  • Telephone 0808 800 0082
  • Text phone 0808 800 0084
  • Email through website form

ACAS runs the Early Conciliation service for when you can’t sort out things directly with an employer.

Download this as a PDF or Word document
PDFWord

Inaccessible premises

Useful knowledge

Under the Equality Act 2010, an employer must make all ‘reasonable adjustments’ to any feature of a workplace premises that disadvantages a disabled worker. This applies to the whole premises. It includes internal features such as steps, lifts, toilets and washrooms, lighting and ventilation, doorways and door operation, flooring, as well as external features such as car parks and paving.

The Department for Work & Pensions (DWP) Access to Work scheme can help with adaptations to premises, equipment, and more, required by a disabled employee. Click here for further information on Access to Work.

Useful skills

  • Effective communication
  • Problem solving
  • Teamwork

Ways to assert your legal rights

Ideally, all new employees will visit their new place of work as soon as possible following their appointment into a new role. In many cases interviews take place at the building where you will be working. This provides an opportunity to observe and ‘experience’ a building, the office etc, and raise any issues in advance of your start date.

If this isn’t the case, any issues with the premises should be addressed as soon as possible after starting to minimise impact upon you and your work.

Raise the issue with your line manager or supervisor, outlining it and the impact it has upon you and your work. It’s useful, but not essential, if you’re also able to suggest a solution or ‘reasonable adjustment’, based on knowledge from a previous workplace, building or simply your own self-awareness.  If you’re unsure what adjustments would be suitable, there is support available for both you and your employer to investigate and agree what will work. The government’s Access to Work scheme can carry out an assessment and offer support based on needs identified. Some might be the responsibility of your employer. Others, such as providing a job coach, would not.

Ultimately the duty lies with the employer to find and implement a solution. It could help your employer and make it easier for you if your suggestions or solutions are provided in writing.

Regardless of the decision given by your line manager, ensure you receive their reasons in writing. If you’re unhappy with the response of your line manager, write a letter to your Human Resources Officer or similar, outlining the issues still faced and steps taken already. At this point it could be useful to quote the Equality Act 2010.

Under the Equality Act 2010, employers have a duty to make reasonable adjustments to ensure their employees are not disadvantaged in the workplace due to disability. I believe you have failed to meet this duty by not (outline adjustment needed), which I consider to be a reasonable adjustment.

If appropriate action is still not taken, you can take formal steps through your employer’s grievance procedure. This is normally found in a staff handbook, employment contract, HR intranet site, etc. If you cannot locate it, you should ask to be directed to or sent it. Grievance procedure steps normally include:

  • Outlining your grievance in writing (click here for template letter)
  • Timescales and steps within which the grievance will be looked at
  • When formal meetings are necessary, when they will be arranged and with whom
  • The ability to appeal the decision if you disagree with it

If you still don’t get a satisfactory resolution, you can take a claim for disability discrimination to an employment tribunal. There are timescales within which a claim should be made. In general, the time limit within which a claim of disability discrimination must be raised is three months less one day from the date of the discrimination taking place, or from the end of your employment with regard to a former employer. However, for many reasons it is always advisable to take action as soon as possible.

Before taking a current or former employer to an employment tribunal, you must first attempt what is termed ‘early conciliation’. Early conciliation is a service delivered by the Advisory, Conciliation and Arbitration Service (ACAS), a publicly funded but independent organisation. Engaging early conciliation can reduce the stress and anxiety caused by taking a claim to an tribunal. If engaged within its own time limit (also three months less one day), early conciliation extends the time period for taking action via an employment tribunal if you need to take it that far.

If you’re a member of a trade union, it’s worth engaging their support as early as possible, but at any stage of the process. Find out more about joining a trade union.

You can have confidence in the process because

Disabled employees are protected from discrimination, harassment and victimisation by The Equality Act 2010.

You can get more help from

The Equality Advisory & Support Service (EASS) runs a free helpline assisting individuals with equality and human rights issues across England, Scotland and Wales.

  • Telephone 0808 800 0082
  • Text phone 0808 800 0084
  • Email through website form

ACAS runs the Early Conciliation service for when you can’t sort out things directly with an employer.

Download this as a PDF or Word document
PDFWord

Sickness absence

Useful knowledge

Although many employers often confuse disability and long-term health conditions with sickness or illness, under the Equality Act 2010 employers should differentiate between absence due to disability, and general sickness absence.

Many employers’ processes and systems use absence ‘triggers’, such as number of days’ absence over a specified time period, to inform capability or disciplinary procedures within the workplace. Consequently, many employers also have processes which enable managers and HR officers to record disability related and sickness absence separately. However, many still don’t. It is therefore essential when you’re out of the office that each instance is addressed appropriately within the employer’s return to work or absence recording and management systems.

Useful skills

  • Self awareness
  • Record keeping
  • Effective communication

Ways to assert your legal rights

If your disability or long-term health condition means you’re more likely to be absent from work than your non-disabled peers, you can ask your employer to differentiate clearly between the two types of absence.

If your employer does not differentiate between disability related and sickness absences, you can use the Equality Act to assert your right for this to happen as a ‘reasonable adjustment’.

This could take the form of

  • modifying an internal policy on types of absence
  • changing how absence is treated within the workplace
  • allowing pre-planned ‘disability leave’

Other reasonable adjustments can minimise absence from work. For example, when you’re off work due to your disability, enabling you to work from home for an agreed period, or enabling a phased return to the workplace, are both examples of reasonable adjustments that do this.

This should be recorded, either in a meeting with your line manager if the adjustment is discretionary, or indeed in this being reflected in an amendment of the wider organisational policy on absence.

It is not enough for an employer to state that all employees are treated ‘equally’!

Download template complaint letter about a failure to make a reasonable adjustment by differentiating between disability related and sickness absence.

You can have confidence in the process because

Disabled employees are protected from discrimination, harassment and victimisation by The Equality Act 2010.

You can get more help from

The Equality Advisory & Support Service (EASS) runs a free helpline assisting individuals with equality and human rights issues across England, Scotland and Wales.

  • Telephone 0808 800 0082
  • Text phone 0808 800 0084
  • Email through website form

ACAS runs the Early Conciliation service for when you can’t sort out things directly with an employer.

  • Helpline 0300 123 1100
Download this as a PDF or Word document
PDFWord

Disciplinary process

Useful knowledge

An employer must consider whether conduct they believe is a disciplinary matter is related to your health condition or disability. If it is, they will need to be able to justify any action taken against you as being a ‘proportionate means of achieving a legitimate aim’. If they can’t do this, they will be discriminating against you (discrimination because of something arising as a consequence of disability).

The employer has to consider whether ‘reasonable adjustments’ would make a difference. They should also make all necessary reasonable adjustments to ensure you can participate fully in any disciplinary process.

Useful skills

  • Effective communication
  • Openness
  • Self-awareness
  • Problem solving

Ways to assert your legal rights

If your employer takes disciplinary action against you, and you believe the action is a result of them not (a) having taken your disability or health condition into consideration or (b) fully understood it, you should raise this with the person or panel overseeing the action as soon as possible. Providing this information, or a reminder of it, may be enough to stop the action. However, if the process has commenced, then you should ensure this information is recorded as evidence, or as part of the investigation.

If you disagree with the findings of the disciplinary action, your employer’s processes should allow you to make an appeal. Appeals should be made in writing and are normally heard by another staff member or manager who has played no part in the initial disciplinary process.

If you feel reasonable adjustments haven’t been made by your employer to enable you to fully participate in the process e.g. you’re off sick and unable to attend a pre-arranged meeting, the meeting goes ahead without you, and the findings exclude any evidence from you, then you should invoke your employer’s grievance policy. This is normally found in a staff handbook or similar, which most employees are given when they join a company.

If you still don’t get a satisfactory resolution and believe this may be disability discrimination, you can take a claim to an employment tribunal (ET). There are timescales within which a claim should be made. In general, the time limit within which a claim of disability discrimination must be raised is three months less one day from the date of the discrimination taking place.

Before taking a current or former employer to an employment tribunal, you must first attempt what is termed ‘early conciliation’. Early conciliation is a service delivered by the Advisory, Conciliation and Arbitration Service (ACAS), a publicly funded but independent organisation. Engaging early conciliation can reduce the stress and anxiety caused by taking a claim to a tribunal. If engaged within its own time limit (also three months less one day), early conciliation extends the time period for taking action via an employment tribunal, if you need to take it that far.

If you’re a member of a trade union, it’s worth engaging their support as early as possible, but at any stage of the process. Find out more about joining a trade union.

You can have confidence in the process because

Disabled employees are protected from discrimination, harassment and victimisation by The Equality Act 2010.

You can get more help from

The Equality Advisory & Support Service (EASS) runs a free helpline assisting individuals with equality and human rights issues across England, Scotland and Wales.

  • Telephone 0808 800 0082
  • Text phone 0808 800 0084
  • Email through website form

ACAS runs the Early Conciliation service for when you can’t sort out things directly with an employer.

Download this as a PDF or Word document
PDFWord

Dismissal

Useful knowledge

It’s unlawful for an employer to dismiss an employee for reasons related to their disability or health condition, whether directly or indirectly.

Useful skills

  • Effective communication
  • Openness
  • Self-awareness
  • Problem solving

Ways to assert your legal rights

If you believe you’ve been dismissed from your job because of your disability or health condition (disability discrimination in other words), you can challenge the dismissal via an employment tribunal. There are timescales within which a claim should be made. In general, the time limit within which a claim of disability discrimination must be raised is three months less one day from the end of your employment.

Before taking a current or former employer to an employment tribunal, you must first attempt what is termed ‘early conciliation’. Early conciliation is a service delivered by the Advisory, Conciliation and Arbitration Service (ACAS), a publicly funded but independent organisation. Engaging early conciliation can reduce the stress and anxiety caused by taking a claim to a tribunal. If engaged within its own time limit (also three months less one day), early conciliation extends the time period for taking action via an employment tribunal if you need to take it that far.

If you’re a member of a trade union, it’s worth engaging their support as early as possible, but at any stage of the process. Find out more about joining a trade union here.

You can have confidence in the process because

Disabled employees are protected from discrimination, harassment and victimisation by The Equality Act 2010.

You can get more help from

The Equality Advisory & Support Service (EASS) runs a free helpline assisting individuals with equality and human rights issues across England, Scotland and Wales.

  • Telephone 0808 800 0082
  • Text phone 0808 800 0084
  • Email through website form

ACAS runs the Early Conciliation service for when you can’t sort out things directly with an employer.

Download this as a PDF or Word document
PDFWord

Promotion and training

Useful knowledge

The Equality Act 2010 states that it is discriminatory for an employer not to promote an employee due to their disability, or a health condition that meets the definition of disability.

Useful skills

  • Effective communication
  • Openness
  • Self-awareness
  • Problem solving

Ways to assert your legal rights

An employer must provide equal access to promotion and developmental training to all employees, including making reasonable adjustments for disabled employees. Examples of this not happening include (but are not restricted to) an employer:

  • Making assumptions on the ability of a disabled employee in considering promotion suitability e.g. deciding someone is unable to handle added pressure due to a disclosed mental health issue
  • Ruling out an employee due to the possibility that reasonable adjustments would be necessary
  • Having guidelines, written or otherwise, that only non-disabled employees can proceed to or past a certain grade or level
  • Withholding training from a disabled employee
  • Not offering reasonable adjustments to enable a disabled employee to receive training to the same standard as non-disabled colleagues
  • Assuming an employee isn’t ‘suitable’ for training offered to colleagues doing a similar role due to their disability or health condition

If you’ve applied for a promotion and been turned down, it’s always appropriate to ask for written feedback on reasons why from the panel overseeing the appointment. If you feel the reasons outlined suggest their decision was related to your disability, you should write to the person leading the recruitment process, or HR lead. Detail how you feel this relates to your disability.

If you’ve been excluded from training offered to colleagues which you feel is important for your role, you should raise this firstly with your line manager, outlining that you believe this has been the case, and why you believe it.

If appropriate action is still not taken to resolve the issue, you can take formal steps through your employer’s grievance procedure. This is normally found in a staff handbook, employment contract, HR intranet site, etc. If you can’t locate it, you should ask to be directed to or sent it.

Grievance procedure steps normally include:

  • Outlining your grievance in writing (click here for template letter)
  • Timescales and steps within which the grievance will be looked at
  • When formal meetings are necessary, when they will be arranged and with whom
  • The ability to appeal the decision if you disagree with it

If you still don’t get a satisfactory resolution, you can take a claim for disability discrimination to an employment tribunal. There are timescales within which a claim should be made. In general, the time limit within which a claim of disability discrimination must be raised is three months less one day from the date of the discrimination taking place, or from the end of your employment with regard to a former employer. However, for many reasons it is always advisable to take action as soon as possible.

Before taking a current or former employer to an employment tribunal, you must first attempt what is termed ‘early conciliation’. Early conciliation is a service delivered by the Advisory, Conciliation and Arbitration Service (ACAS), a publicly funded but independent organisation. Engaging early conciliation can reduce the stress and anxiety caused by taking a claim to a tribunal. If engaged within its own time limit (also three months less one day), early conciliation extends the time period for taking action via an employment tribunal if you need to take it that far.

If you are a member of a trade union, it’s worth engaging their support as early as possible, but at any stage of the process. Find out more about joining a trade union here.

You can have confidence in the process because

Disabled employees are protected from discrimination, harassment and victimisation by The Equality Act 2010.

You can get more help from

The Equality Advisory & Support Service (EASS) runs a free helpline assisting individuals with equality and human rights issues across England, Scotland and Wales.

  • Telephone 0808 800 0082
  • Text phone 0808 800 0084
  • Email through website form

ACAS runs the Early Conciliation service for when you can’t sort out things directly with an employer.

Download this as a PDF or Word document
PDFWord

Equal pay

Useful knowledge

It’s unlawful for an employer to pay a disabled employee a lower salary or wage, or offer less favourable terms and conditions, than a non-disabled person carrying out work with the same or similar value. It’s also unlawful for an employer to reduce the pay of an employee due to a newly acquired disability or health condition.

Useful skills

  • Effective communication
  • Openness
  • Self-awareness
  • Problem solving

Ways to assert your legal rights

If you discover, or suspect that a non-disabled colleague is being paid a higher wage or salary, or has better terms and conditions than your own, you should firstly raise this with your line manager. Ideally you will provide documentary evidence. However, if this isn’t possible, you can still ask your line manager to investigate. If you’re not satisfied with their response, raise the issue with their line manager, head of department or equivalent.

If after informal action from your line manager, the issue hasn’t been resolved to your satisfaction, you should invoke your employer’s grievance policy. This is normally found in a staff handbook or similar, which most employees are given when they join a company.

Grievance procedure steps normally include:

  • Outlining your grievance in writing (click here for template letter)
  • Timescales and steps within which the grievance will be looked at
  • When formal meetings are necessary, when they will be arranged and with whom
  • The ability to appeal the decision if you disagree with it

If you still don’t get a satisfactory resolution, you can take a claim to an employment tribunal. There are timescales within which a claim should be made. In general, the time limit within which a claim of disability discrimination must be raised is three months less one day from the date of the discrimination taking place, or from the end of your employment.

Before taking a current or former employer to an employment tribunal, you must first attempt what is termed ‘early conciliation’. Early conciliation is a service delivered by the Advisory, Conciliation and Arbitration Service (ACAS), a publicly funded but independent organisation.

Engaging early conciliation can reduce the stress and anxiety caused by taking a claim to an tribunal. If engaged within its own time limit (also three months less one day), early conciliation extends the time period for taking action via an employment tribunal if you need to take it that far.

If you are a member of a trade union, it’s worth engaging their support as early as possible, but at any stage of the process. Find out more about joining a trade union here.

Maintaining a newly disabled employee’s salary at the same level is considered a reasonable adjustment under the Equality Act 2010. If you have acquired a disability and your employer is attempting to reduce your salary as result, please follow the steps above.

You can have confidence in the process because

Disabled employees are protected from discrimination, harassment and victimisation by The Equality Act 2010.

You can get more help from

The Equality Advisory & Support Service (EASS) runs a free helpline assisting individuals with equality and human rights issues across England, Scotland and Wales.

  • Telephone 0808 800 0082
  • Text phone 0808 800 0084
  • Email through website form

ACAS runs the Early Conciliation service for when you can’t sort out things directly with an employer.

Download this as a PDF or Word document
PDFWord

Redundancy

Useful knowledge

An employer must make all reasonable adjustments to ensure disabled employees are not discriminated against in a redundancy process, and must ensure the selection criteria they apply to the process does not put disabled employees at a disadvantage.  An employer also cannot make you redundant simply on the basis of your disability.

Useful skills

  • Effective communication
  • Openness
  • Self-awareness
  • Problem solving

Ways to assert your rights

Prior to the commencement of any redundancy process, ask your employer which selection criteria they will be applying. For example, if the employer is using absence as a means of selection, you can ensure they do not include disability related absence or leave in the calculation. If using flexibility i.e. ability to perform other tasks or roles, work additional hours, you should ask them to ensure your disability or health condition is taken into account, and not make a decision based solely on flexibility shown already.

If the issue hasn’t been resolved to your satisfaction, you should invoke your employer’s grievance policy

Click here for template complaint letter

If you still don’t get a satisfactory resolution, you can take a claim to an employment tribunal. There are timescales within which a claim should be made. In general, the time limit within which a claim of disability discrimination must be raised is three months less one day from the date of the discrimination taking place, or from the end of your employment.

Before taking a current or former employer to an employment tribunal, you must first attempt what is termed ‘early conciliation’. Early conciliation is a service delivered by the Advisory, Conciliation and Arbitration Service (ACAS), a publicly funded but independent organisation.

Engaging early conciliation can reduce the stress and anxiety caused by taking a claim to an tribunal. If engaged within its own time limit (also three months less one day), early conciliation extends the time period for taking action via an employment tribunal if you need to take it that far.

If you are a member of a trade union, it’s worth engaging their support as early as possible, but at any stage of the process. Find out more about joining a trade union here.

You can have confidence in the process because

Disabled employees are protected from discrimination, harassment and victimisation by The Equality Act 2010.

You can get more help from

The Equality Advisory & Support Service (EASS) runs a free helpline assisting individuals with equality and human rights issues across England, Scotland and Wales.

  • Telephone 0808 800 0082
  • Text phone 0808 800 0084
  • Email through website form

ACAS runs the Early Conciliation service for when you can’t sort out things directly with an employer.

Download this as a PDF or Word document
PDFWord

Harassment

Useful knowledge

Under the Equality Act 2010, disability harassment is defined as

where a person engages in unwanted conduct related to a disability  and the conduct has the purpose or effect of

(a) violating another person’s dignity, or

(b) creating an intimidating, hostile, degrading, humiliating or offensive environment for that person

Harassment can take the form of, but isn’t restricted to, written or spoken words, online messages and images, physical gestures or facial expressions.

Useful skills

  • Effective communication
  • Openness
  • Self-awareness
  • Problem solving

Ways to assert your legal rights

Document when, where and how the harassment occurred. If possible, speak to or write an email or letter asking the person or persons involved to stop, explaining the impact it has upon you. Although not excusing it, they may not have understood the implications of their actions.

If this isn’t possible, or you have tried and it unfortunately hasn’t worked, you should then raise the issue with your line manager. If the person responsible for the harassment is your line manager, contact their line manager, head of their department, or equivalent. They should then contact the harasser on your behalf.

If the harassment still does not stop, despite intervention from relevant line management, you can take formal steps through your employer’s grievance procedure, however some employers will have a separate harassment policy you can use. These policies are normally found in a staff handbook, employment contract, HR intranet site, etc. If you can’t locate it, you should ask to be directed to or sent it. Grievance procedure steps normally include:

  • Outlining your grievance in writing (click here for template letter)
  • Timescales and steps within which the grievance will be looked at
  • When formal meetings are necessary, when they will be arranged and with whom
  • The ability to appeal the decision if you disagree with it

If you still don’t get a satisfactory resolution, you can take a claim for disability harassment to an employment tribunal. There are timescales within which a claim should be made. In general, the time limit within which a claim of harassment must be raised is three months less one day from the date of the harassment taking place, or from the end of your employment with regard to a former employer. However, for many reasons it is always advisable to take action as soon as possible.

Before taking your employer to an employment tribunal, you must first attempt what is termed ‘early conciliation’. Early conciliation is a service delivered by the Advisory, Conciliation and Arbitration Service (ACAS), a publicly funded but independent organisation.

Engaging early conciliation can reduce the stress and anxiety caused by taking a claim to a tribunal. If engaged within its own time limit (also three months less one day), early conciliation extends the time period for taking action via an employment tribunal if you need to take it that far.

If you’re a member of a trade union, it’s worth engaging their support as early as possible, but at any stage of the process. Find out more about joining a trade union here.

You can have confidence in the process because

Disabled employees are protected from discrimination, harassment and victimisation by The Equality Act 2010.

You can get more help from

The Equality Advisory & Support Service (EASS) runs a free helpline assisting individuals with equality and human rights issues across England, Scotland and Wales.

  • Telephone 0808 800 0082
  • Text phone 0808 800 0084
  • Email through website form

ACAS runs the Early Conciliation service for when you can’t sort out things directly with an employer.

Download this as a PDF or Word document
PDFWord

Victimisation

Useful knowledge

If you’re subjected to a ‘detriment’ – some form of disadvantage – as a result of bringing a claim, making a complaint of disability discrimination, or doing anything else under the Equality Act 2010 – such as supporting someone else with a complaint of disability discrimination – this is known as victimisation.

Victimisation can also take place when there is a suspicion that a complaint of discrimination has been or will be made.

Under the terms of The Equality Act 2010, victimisation is unlawful. An example of victimisation could be being turned down for a promotion because you previously made a complaint about disability discrimination.

Useful skills

  • Effective communication
  • Openness
  • Self-awareness
  • Problem solving

Ways to assert your legal rights

By email or letter, report the victimisation to your line manager.

Click here for template letter.

It is useful if you can provide dates etc. of when the victimisation occurred. If your line manager is the person you wish to report for victimisation, raise the issue with their line manager, head of department or equivalent.

If following informal action from your line manager, the issue has not been resolved to your satisfaction, you should invoke your employer’s grievance policy. This is normally found in a staff handbook or similar, which most employees are given when they join a company.

If you still don’t get a satisfactory resolution, you can take a claim to an employment tribunal. There are timescales within which a claim should be made. In general, the time limit within which a claim of disability discrimination must be raised is three months less one day from the date of the discrimination taking place, or from the end of your employment.

Before taking your employer to an employment tribunal, you must first attempt what is termed ‘early conciliation’. Early conciliation is a service delivered by the Advisory, Conciliation and Arbitration Service (ACAS), a publicly funded but independent organisation. Engaging early conciliation can reduce the stress and anxiety caused by taking a claim to an tribunal. If engaged within its own time limit (also three months less one day), early conciliation extends the time period for taking action via an employment tribunal if you need to take it that far.

If you’re a member of a trade union, it’s worth engaging their support as early as possible, but at any stage of the process. Find out more about joining a trade union here.

You can have confidence in the process because

Disabled employees are protected from discrimination, harassment and victimisation by The Equality Act 2010.

You can get more help from

The Equality Advisory & Support Service (EASS) runs a free helpline assisting individuals with equality and human rights issues across England, Scotland and Wales.

  • Telephone 0808 800 0082
  • Text phone 0808 800 0084
  • Email through website form

ACAS runs the Early Conciliation service for when you can’t sort out things directly with an employer.

Download this as a PDF or Word document
PDFWord

Problem in previous employment

Failure to provide support and adjustments to do your job

Useful knowledge

Under the Equality Act 2010, employers have a duty to make reasonable adjustments on the grounds of disability. However this duty may not apply if the employer was unaware of your disability and therefore they couldn’t be expected to know that you were disadvantaged as a result.

The duty to make reasonable adjustments, as stated by the Equality & Human Rights Commission, “aims to make sure that as a disabled person, you have, as far as is reasonable, the same access to everything that is involved in getting and doing a job as a non-disabled person.”

Useful skills

  • Effective communication
  • Openness
  • Self-awareness
  • Problem solving

Ways to assert your legal rights

We encourage people to raise the issue of any barriers they’re facing in the workplace before employer becomes too concerned about their performance.

Adjustments in the workplace include, but aren’t restricted to:

  • Amending working patterns e.g. starting later, offering flexible working
  • Providing or modifying equipment e.g. software packages, desk and chair
  • Adjusting duties or job descriptions
  • Modifying premises, or access to premises
  • Providing additional training
  • Providing instructions in a different format
  • Allocation of a support worker; job coach, interpreter, reader, etc.
  • Moving the employee to a different position within the company.

It’s possible to take action against a former employer who you believe discriminated against you by failing to provide support and adjustments to do your job.

This is through an employment tribunal. However, there are timescales within which the issue should be raised. In general, the time limit within which a claim of disability discrimination must be raised is three months less one day from the date of the discrimination taking place.

Before taking a former employer to an employment tribunal, you must first attempt what is termed ‘early conciliation’. Early conciliation is a service delivered by the Advisory, Conciliation and Arbitration Service (ACAS), a publicly funded but independent organisation. Engaging early conciliation can reduce the stress and anxiety caused by the situation. If engaged within its own time limit (also three months less one day), early conciliation extends the time period for taking action via an employment tribunal.

You can have confidence in the process because

Disabled employees are protected from discrimination, harassment and victimisation by The Equality Act 2010.

You can get more help from

The Equality Advisory & Support Service (EASS) runs a free helpline assisting individuals with equality and human rights issues across England, Scotland and Wales.

  • Telephone 0808 800 0082
  • Text phone 0808 800 0084
  • Email through website form

ACAS runs the Early Conciliation service for when you can’t sort out things directly with an employer.

Download this as a PDF or Word document
PDFWord

Inaccessible premises

Useful knowledge

Under the Equality Act 2010, an employer must make reasonable adjustments to any feature of a workplace premises that disadvantages a disabled worker. This applies to the whole premises, and includes internal features such as steps, lifts, toilets and washrooms, lighting and ventilation, doorways and door operation, flooring, as well as external features such as car parks and paving.

Useful skills

  • Effective communication
  • Problem solving
  • Teamwork

Ways to assert your legal rights

We encourage people to raise the issue of any barriers they’re facing in the workplace before employer becomes too concerned about their performance.

Ideally, all new employees will visit their new place of work as soon as possible following their appointment into a new role. If this is not the case, then any issues with the premises should be addressed as soon as possible after starting the new position, to minimise impact upon you and your work.

It can help your employer and make it easier for you if suggestions or solutions are provided in writing. Ultimately however the duty lies with the employer to find and implement a solution.

It’s possible to take action against a former employer who you believe discriminated against you by failing to make adjustments to workplace premises.

However, there are timescales within which the issue should be raised. In general, the time limit within which a claim of disability discrimination must be raised is three months less one day from the date of the discrimination taking place.

Click here for template complaint letter

If you still don’t get a satisfactory resolution, you can take a claim for disability discrimination to an employment tribunal (ET). There are timescales within which a claim should be made. In general, the time limit within which a claim of disability discrimination must be raised is three months less one day from the date of the discrimination taking place, or from the end of your employment with regard to a former employer.

Before taking a former employer to an employment tribunal, you must first attempt what is termed ‘early conciliation’. Early conciliation is a service delivered by the Advisory, Conciliation and Arbitration Service (ACAS), a publicly funded but independent organisation. Engaging early conciliation can reduce the stress and anxiety caused by taking a claim to an ET. If engaged within its own time limit, also three months less one day, early conciliation extends the time period for taking action via an employment tribunal (if conciliation doesn’t work).

If you are a member of a trade union, it is worth engaging their support as early as possible, but at any stage of the process. Find out more about joining a trade union here.

You can have confidence in the process because

Disabled employees are protected from discrimination, harassment and victimisation by The Equality Act 2010.

You can get more help from

The Equality Advisory & Support Service (EASS) runs a free helpline assisting individuals with equality and human rights issues across England, Scotland and Wales.

  • Telephone 0808 800 0082
  • Text phone 0808 800 0084
  • Email through website form

ACAS runs the Early Conciliation service for when you can’t sort out things directly with an employer.

Download this as a PDF or Word document
PDFWord

Dismissal

Useful knowledge

It is unlawful for an employer to dismiss an employee for reasons related to their disability or health condition, whether directly or indirectly.

This may include dismissal for reasons relating to absence, sickness, capability or disciplinary procedures within the workplace, all of which are subject to the requirement for the employer to make ‘reasonable adjustments’.

Useful skills

  • Effective communication
  • Openness
  • Self-awareness
  • Problem solving

Ways to assert your legal rights

If you believe you were dismissed from your previous job because of your disability or health condition i.e. due to disability discrimination, you can challenge the dismissal via an employment tribunal. There are timescales within which a claim should be made. In general, the time limit within which a claim of disability discrimination must be raised is three months less one day from the end of your employment.

However, before taking a former employer to an employment tribunal, you must first attempt what is termed ‘early conciliation’. Early conciliation is a service delivered by the Advisory, Conciliation and Arbitration Service (ACAS), a publicly funded but independent organisation. Engaging early conciliation can reduce the stress and anxiety caused by taking a claim to a tribunal. If engaged within it’s own time limit, also three months less one day, early conciliation extends the time period for taking action via an employment tribunal if you need to take it that far.

If you’re a member of a trade union, it is worth engaging their support as early as possible, but at any stage of the process.

Find out more about joining a trade union here.

You can have confidence in the process because

Disabled employees are protected from discrimination, harassment and victimisation by The Equality Act 2010.

You can get more help from

The Equality Advisory & Support Service (EASS) runs a free helpline assisting individuals with equality and human rights issues across England, Scotland and Wales.

  • Telephone 0808 800 0082
  • Text phone 0808 800 0084
  • Email through website form

ACAS runs the Early Conciliation service for when you can’t sort out things directly with an employer.

Download this as a PDF or Word document
PDFWord

Promotion and training

Useful knowledge

The Equality Act 2010 states that it is discriminatory for an employer not to promote an employee due to their disability or health condition that meets the definition of a disability.

Useful skills

  • Effective communication
  • Openness
  • Self-awareness
  • Problem solving

Ways to assert your legal rights

An employer must provide equal access to promotion, developmental training etc to all employees, including making reasonable adjustments for disabled employees. Examples of this not happening include (but are not restricted to) an employer:

  • Making assumptions on the ability of a disabled employee in considering promotion suitability e.g. deciding someone is unable to handle added pressure due to a disclosed mental health issue
  • Ruling out an employee due to the possibility that reasonable adjustments would be necessary
  • Having guidelines, written or otherwise, that only non disabled employees can proceed to or past a certain grade or level
  • Withholding training from a disabled employee
  • Not offering reasonable adjustments to enable a disabled employee to receive training to the same standard as non-disabled colleagues
  • Assuming an employee isn’t ‘suitable’ for training offered to colleagues doing a similar role due to their disability or health condition.

If you applied for a promotion and were turned down, it’s always appropriate to ask for written feedback on reasons why from the panel overseeing the appointment. If you feel the reasons outlined suggest the decision made related to your disability, you should write to the person leading the recruitment process, or HR lead. Detail how you feel this relates to your disability.

If you were excluded from training offered to colleagues which you feel was important for your role, you should raise this firstly with your line manager, outlining that you believe this has been the case, and why you believe it. You can also take formal steps through your employer’s grievance procedure.

Click here to download letter template

If you’re still not satisfied, you can take a claim for disability discrimination to an employment tribunal (ET). There are timescales within which a claim should be made. In general, the time limit within which a claim of disability discrimination must be raised is three months less one day from the date of the discrimination taking place, or from the end of your employment with regard to a former employer. However, for many reasons it is always advisable to take action as soon as possible.

Before taking a former employer to an employment tribunal, you must first attempt what is termed ‘early conciliation’. Early conciliation is a service delivered by the Advisory, Conciliation and Arbitration Service (ACAS), a publicly funded but independent organisation. Engaging early conciliation can reduce the stress and anxiety caused by taking a claim to an ET. If engaged within its own time limit (also three months less one day), early conciliation extends the time period for taking action via an employment tribunal if you need to take it that far.

If you’re a member of a trade union, it is worth engaging their support as early as possible, but at any stage of the process. Find out more about joining a trade union here.

You can have confidence in the process because

Disabled employees are protected from discrimination, harassment and victimisation by The Equality Act 2010.

You can get more help from

The Equality Advisory & Support Service (EASS) runs a free helpline assisting individuals with equality and human rights issues across England, Scotland and Wales.

  • Telephone 0808 800 0082
  • Text phone 0808 800 0084
  • Email through website form

ACAS runs the Early Conciliation service for when you can’t sort out things directly with an employer.

Download this as a PDF or Word document
PDFWord

Equal pay

Useful knowledge

It is unlawful for an employer to pay a disabled employee a lower salary or wage, or offer less favourable terms and conditions, than a non-disabled person carrying out work with the same or similar value. It is also unlawful for an employer to reduce the pay of an employee due to a newly acquired disability or health condition.

Useful skills

  • Effective communication
  • Openness
  • Self-awareness
  • Problem solving

Ways to assert your legal rights

If you discover, or suspect that a non-disabled colleague is/was being paid a higher wage or salary, or has better terms and conditions than your own, you should firstly raise this with your line manager. Ideally you will provide documentary evidence. If this isn’t possible, you can still ask your line manager to investigate. If you’re not satisfied, raise the issue with their line manager, head of department or equivalent.

Click here for template complaint letter

If the issue still isn’t resolved, you can invoke your employer’s grievance policy. This is normally found in a staff handbook or similar, which most employees are given when they join a company.

If you don’t get a satisfactory resolution, you can take a claim to an employment tribunal (ET). There are timescales within which a claim should be made. In general, the time limit within which a claim of disability discrimination must be raised is three months less one day from the date of the discrimination taking place, or from the end of your employment.

Before taking a former employer to an employment tribunal, you must first attempt what is termed ‘early conciliation’. Early conciliation is a service delivered by the Advisory, Conciliation and Arbitration Service (ACAS), a publicly funded but independent organisation. Engaging early conciliation can reduce the stress and anxiety caused by taking a claim to an ET. If engaged within its own time limit (also three months less one day), early conciliation extends the time period for taking action via an employment tribunal (if conciliation doesn’t work).

If you’re a member of a trade union, it is worth engaging their support as early as possible, but at any stage of the process. Find out more about joining a trade union here.

Maintaining a newly disabled employee’s salary at the same level is considered a reasonable adjustment under the Equality Act 2010. If you acquired a disability and your employer attempted to reduce your salary as result, please follow the steps above.

You can have confidence in the process because

Disabled employees are protected from discrimination, harassment and victimisation by The Equality Act 2010.

You can get more help from

The Equality Advisory & Support Service (EASS) runs a free helpline assisting individuals with equality and human rights issues across England, Scotland and Wales.

  • Telephone 0808 800 0082
  • Text phone 0808 800 0084
  • Email through website form
Download this as a PDF or Word document
PDFWord

ACAS runs the Early Conciliation service for when you can’t sort out things directly with an employer.

Download this as a PDF or Word document
PDFWord

Redundancy

Useful knowledge

An employer must make all reasonable adjustments to ensure disabled employees are not discriminated against in a redundancy process. They must ensure the selection criteria they apply to the process does not put disabled employees at a disadvantage.  An employer also cannot make you redundant simply on the basis of your disability.

Useful skills

  • Effective communication
  • Openness
  • Self-awareness
  • Problem solving

Ways to assert your rights

Prior to the commencement of any redundancy process, ideally your employer will have made clear which selection criteria they will be applying. For example, if the employer used absence as a means of selection, they should not have included disability-related absence or leave in the calculation.

If using flexibility i.e. ability to perform other tasks or roles, work additional hours etc. they should have ensured your disability or health condition was taken into account, and not make a decision based solely on flexibility shown already.

Click here for template complaint letter

If you don’t get a satisfactory response, you can take a claim to an employment tribunal (ET). There are timescales within which a claim should be made. In general, the time limit within which a claim of disability discrimination must be raised is three months less one day from the date of the discrimination taking place, or from the end of your employment.

Before taking a former employer to an employment tribunal, you must first attempt what is termed ‘early conciliation’. Early conciliation is a service delivered by the Advisory, Conciliation and Arbitration Service (ACAS), a publicly funded but independent organisation. Engaging early conciliation can reduce the stress and anxiety caused by taking a claim to an ET. If engaged within its own time limit (also three months less one day), early conciliation extends the time period for taking action via an employment tribunal (if conciliation doesn’t work).

You can have confidence in the process because

Disabled employees are protected from discrimination, harassment and victimisation by The Equality Act 2010.

You can get more help from

The Equality Advisory & Support Service (EASS) runs a free helpline assisting individuals with equality and human rights issues across England, Scotland and Wales.

  • Telephone 0808 800 0082
  • Text phone 0808 800 0084
  • Email through website form

ACAS runs the Early Conciliation service for when you can’t sort out things directly with an employer.

Download this as a PDF or Word document
PDFWord

Harrassment

Useful knowledge

Under the Equality Act 2010, disability harassment is defined as “where a person engages in unwanted conduct related to a disability and the conduct has the purpose or effect of

(a) violating another person’s dignity, or

(b) creating an intimidating, hostile, degrading, humiliating or offensive environment for that person”

Harassment can take the form of, but isn’t restricted to, written or spoken words, online messages and images, physical gestures or facial expressions.

Useful skills

  • Effective communication
  • Openness
  • Self-awareness
  • Problem solving

Ways to assert your legal rights

Document when, where and how the harassment occurred. If possible, speak to or write an email or letter explaining the impact it has upon you. Although not excusing it, they may not have understood the implications of their actions.

If this isn’t possible, or you have tried and it unfortunately hasn’t worked, you should then raise the issue with your line manager. If the person responsible for the harassment is your line manager, contact their line manager, head of their department, or equivalent. They should then contact the harasser on your behalf.

Click here for template complaint letter

If you still don’t get a satisfactory resolution, you can take a claim for disability harassment to an employment tribunal (ET). There are timescales within which a claim should be made. In general, the time limit within which a claim of harassment must be raised is three months less one day from the date of the harassment taking place, or from the end of your employment with regard to a former employer. However, for many reasons it is always advisable to take action as soon as possible.

Before taking a former employer to an employment tribunal, you must first attempt what is termed ‘early conciliation’. Early conciliation is a service delivered by the Advisory, Conciliation and Arbitration Service (ACAS), a publicly funded but independent organisation. Engaging early conciliation can reduce the stress and anxiety caused by taking a claim to an ET. If engaged within its own time limit (also three months less one day), early conciliation extends the time period for taking action via an employment tribunal (if early conciliation doesn’t work).

If you’re a member of a trade union, it is worth engaging their support as early as possible, but at any stage of the process. Find out more about joining a trade union here.

You can have confidence in the process because

Disabled employees are protected from discrimination, harassment and victimisation by The Equality Act 2010.

You can get more help from

The Equality Advisory & Support Service (EASS) runs a free helpline assisting individuals with equality and human rights issues across England, Scotland and Wales.

  • Telephone 0808 800 0082
  • Text phone 0808 800 0084
  • Email through website form

ACAS runs the Early Conciliation service for when you can’t sort out things directly with an employer.

Download this as a PDF or Word document
PDFWord

Victimisation

Useful knowledge

If you’re subjected to a detriment or some form of disadvantage as a result of bringing a claim, making a complaint of disability discrimination, or given evidence or doing anything else under the Equality Act – such as supporting someone else with a complaint of disability discrimination, this is known as victimisation.

Victimisation can also take place when there is a suspicion that a complaint of discrimination has been or will be made.

Under the terms of the Equality Act, victimisation is unlawful. An example of victimisation could be being turned down for a promotion because you previously made a complaint about disability discrimination.

Useful skills

  • Effective communication
  • Openness
  • Self-awareness
  • Problem solving

Ways to assert your legal rights

By email or letter, report the victimisation to your line manager. It’s useful if you can provide dates etc of when the victimisation occurred. If your line manager is the person you wish to report for victimisation, raise the issue with their line manager, head of department or equivalent.

Click here for template complaint letter

If you still don’t get a satisfactory resolution, you can take a claim to an employment tribunal. There are timescales within which a claim should be made. In general, the time limit within which a claim of disability discrimination must be raised is three months less one day from the date of the discrimination taking place, or from the end of your employment.

Before taking a former employer to an employment tribunal, you must first attempt what is termed ‘early conciliation’. Early conciliation is a service delivered by the Advisory, Conciliation and Arbitration Service (ACAS), a publicly funded but independent organisation. Engaging early conciliation can reduce the stress and anxiety caused by taking a claim to a tribunal. If engaged within its own time limit (also three months less one day), early conciliation extends the time period for taking action via an employment tribunal (if early conciliation doesn’t work).

If you’re a member of a trade union, it’s worth engaging their support as early as possible, but at any stage of the process. Find out more about joining a trade union here.

You can have confidence in the process because

Disabled employees are protected from discrimination, harassment and victimisation by The Equality Act 2010.

You can get more help from

The Equality Advisory & Support Service (EASS) runs a free helpline assisting individuals with equality and human rights issues across England, Scotland and Wales.

  • Telephone 0808 800 0082
  • Text phone 0808 800 0084
  • Email through website form

ACAS runs the Early Conciliation service for when you can’t sort out things directly with an employer.

Download this as a PDF or Word document
PDFWord