Disability Discrimination Tribunal Case
If you’re wondering how to win a disability discrimination tribunal claim, there are some general guidelines that you can follow. You should first discuss any possible changes to your work with your employer. Depending on the circumstances, you may be able to get a reasonable adjustment for your disability. Reasonable adjustments include changing your work hours, giving you more breaks, and changing your duties or workplace. You should also discuss your needs with the person who makes decisions about your compensation.
The most common remedy for disability discrimination cases is an award of compensation. This compensation is not limited to a fixed amount, but can include elements for injury to feelings, personal injury, and loss of wages or pension. In the case of indirect disability discrimination, the employer must prove that their actions were proportionate to their legitimate aim. Once they have demonstrated that the treatment was justified, they can proceed to other methods of redress.
Direct disability discrimination occurs when an employee is treated less favourably because of their disability. The person in question is known as a comparator, and this person can be a real or hypothetical person. The comparison must be like for like, with the employee’s disability being the only difference. In other words, there must be no material difference between you and the comparator. If the employer can’t demonstrate that it made a reasonable adjustment, it will be difficult to win.
It is crucial to seek legal advice as soon as you suspect disability discrimination. The time limit for bringing a disability discrimination case is three months less one day from the last act of discrimination. In addition, it is important to consider any potential delays associated with ACAS’s early conciliation scheme. There are a number of ways to avoid the time limit and make a disability discrimination claim.
How to Win a Disability Discrimination Tribunal Case
The basic principles of a disability discrimination case are the same as for any other employment discrimination claim. If the conduct allegedly violated a person’s dignity or perception, you can claim compensation. The discrimination must have been intentional, and the employer must have had notice. In some cases, disability discrimination claims can even be made by an employee without a disability. This is known as indirect discrimination.
In order to succeed in a disability discrimination claim, employers must be aware of any potential disabilities in their workforce. In Nally v Freshfields Care, a care worker with a disability was dismissed after allegedly using abusive language with a dementia patient. However, she claimed that her employment should have taken into account her post-traumatic stress disorder (PTSD) and sought medical advice. The tribunal held that the employer should have known about her PTSD, and should have taken further action to ensure she received further treatment for her condition.
The amount of compensation that you can claim is entirely dependent on the circumstances. However, it’s important to note that an employer’s duty to provide a reasonable adjustment is only one aspect of winning a disability discrimination tribunal case. In addition to compensatory compensation, the tribunal can award additional compensation for the injury to your health. You need to provide detailed medical evidence of your disability to support your claim. The Tribunal will also consider the resources available to the employer.
