In what circumstances can an employer be accused of discriminating against a disabled employee?
The Equality Act 2010 prohibits six types of conduct in relation to the protected characteristic of disability in the employment context. The Act prohibits:
- direct discrimination (less favourable treatment because of the protected characteristic of disability);
- discrimination arising from disability (unjustified unfavourable treatment because of something arising in consequence of a person's disability);
- indirect discrimination (the unjustified application of a provision, criterion or practice that puts disabled persons at a particular disadvantage when compared with non-disabled persons);
- a failure to comply with the duty to make reasonable adjustments;
- and victimisation.