Question

To ask the Minister for Women and Equalities, what recent assessment she has made of the adequacy of legal protection for disabled people when (a) applying for work and (b) having their employment terminated.

There is long-standing legal protection for disabled people under the Equality Act 2010 (the Act). The Act makes it unlawful for an employer to discriminate against a disabled job applicant or employee because of their disability, provided the Act’s definition of disability is met.

Specifically, the Act requires employers to make reasonable adjustments in relation to the disabled job applicant’s assessment and interview process and, once employed, the disabled employee’s job and decisions made in relation to it. These adjustments ensure that disabled applicants or employees are not placed at a substantial disadvantage compared to their non-disabled colleagues. The failure of an employer to make reasonable adjustments for a disabled employee or job seeker, or discounting a job application simply because the applicant is disabled could amount to direct disability discrimination under the Act. Similarly, where an employer is looking to reduce their staff, choosing someone for redundancy simply because they are disabled, may amount to unlawful discrimination.

However, the Act also recognises the need to strike a balance between the needs of disabled employees and the circumstances of their employers. What is ‘reasonable’ will therefore vary from one employer to another because of factors such as the practicality of making the adjustment, the cost of the adjustment to the employer and the resources available to different employers. In the event of a claim of alleged disability discrimination, it will ultimately be for the courts to decide on a case-by-case basis, what reasonable adjustments should be made for a particular disabled service-user, taking into account all relevant circumstances of the case.

In terms of employment law, should a person be unfairly dismissed because they have a disability, they can seek redress under the Act for being discriminated against by their employer. Where an employer treats a worker with a disability or life-limiting illness so badly that the worker is forced to resign from their job, the constructive dismissal provisions in employment law may apply.