Disability discrimination at work

shaun

Would need more details about the discrimination to give you a detailed answer - but the short answer is, only a tribunal would decide whether or not your friend would be covered under the DDA

gail

If your friend feels he is being discriminated against then he probably is. He needs to write down days and events of when he feels this discrimination is taking place with witnesses present if anyone is in earshot.
If he is a member of the union and he is not getting anywhere with the representatives of that union at his workplace then he needs to report this discrimination to the unions head office by phone. They will send round their area representative to see him that is what he pays his union subs for.
If he has a claim for discrimination then the union will support him and if the case ends up at a tribunal it won't cost him a penny that is what he pays his union fees for, support in times of trouble.
ACAS website will give you all the employment law information that he will need and will also give him what the law defines as discrimination.
Your friend must do something far too many employers are getting away with using bully boy tactics..

Belen

This is a sad situation, but that is the reality. Laws protecting the disabled are out there but in the real world, you will find that the situation is tough for these people.

Tommy K

I wish I was more certain with US legislation, but in Australia, discrimination the standard of proof required is on the "balance of probabilities'. This is the common standard of proof for civil action. Criminal law requires 'beyond a reasonable doubt'

Ape -X-

I would advise he joins a reputableunion if he has a case they will assess it and seek a remedy. If the employer is unreasonable they are likely to fund tribunal and legal action on his behalf.

People join unions... without unions we are powerless to prevent exploitation by corporation and the elite class as they call themselves. It is your right to be a member of a union use your rights or lose them.

dinkydads

The first thing your friend needs to do is to raise this with his employer - if he doesn't get anywhere informally, then lodge a formal grievance as his employer is then obliged to listen, investigate and respond. He would also have the right of appeal if he wasn't happy. He really needs to do this before even thinking about a tribunal, as one of the first things they want to know is if he's gone through the employer's internal grievance procedure.

The previous advice about logging incidents is always useful to have. Make the complaint as specific as possible and ensure they know how it has made him feel. I'd also ask for a copy of their equality and diversity policy.

Much as it pains me to say it, he could go for a no-win no-fee solicitor if he can't afford fees up-front but they will take a chunk of any award. A union could be helpful. The Equality and Human Rights Commission can offer advice and they sometimes take cases on for people.

Pakistani Chap

Yeah, that's quite sad, discrimination at work. Something should be done about it!

The other day I found out that my workâ€™s fire evacuation policy for people with wheelchairs is to 'push them into a room, close the door, escape and then give the room number to the firemen..

How sad is that?

Watts M

I assume that your friend is interested in changing the behaviour of his boss, not taking legal action.

I suggest the your friend (YF) begin a diary of the behaviour that he feels is discriminatory. Three columns per page as follows: a. DATE and TIME; b. BEHAVIOUR OBSERVED; and c. IMPACT OF THE BEHAVIOR. The notes should be kept in a bound notebook and not a loose leaf binder.

The keeping of a record will provide for: a. a comprehensive record of the behaviors; b. a vehicle to communicate the volume and intensity of that behaviour; c. an opportunity for your friend to soberly reflect on the nature of the interaction; and should it be necessary d. the foundation for legal action.

When 10-20 such records have been made, your friend should ask for a meeting with his boss. The notebook should be offered to the boss to read (in YF's presence). An effort should then be made, in as nonconfrontational a way as possibile, to discuss the impact that the behaviour has been having on YF. YF should explain that he is trying to change the offensive behaviour and that he is not trying to harm the boss. He should ASK for an undertaking by the boss to change. He should ask for a followup meeting in a month or so to discuss how things are going. He should make it clear that he wants to continue to work for this organization.

After the meeting YF should note the outcome of the meeting in the notebook. The diary should continue to be maintained. Notes should reflect behaviours that are negative or that positively reflect on a change in the boss.
In followup meetings YF should present the journal again. YF should be prepared to provide positive feedback to the boss if the behavior has changed for the better.

Again, in the spirit of changing the behaviour, and if there is no change in the behavior, YF should pay a similar visit to the boss's supervisor.

Maintain the notebook for a minimum of three years after employment has been terminated, regardless of the terms under which the change was made.

Keep a copy of this recommendation along with the diary. Should legal action become necessary it will demonstrate the intent to change the behavior rather than to be litigious.

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