dealing with discrimination informally
If you feel that you are being treated unfairly, you can start by trying to sort things out informally.
You can:
- talk openly to your boss about your needs and make suggestions about what would help
- think about whether you need practical help at work or in getting to work. The Disability Employment Advisor (DEA) at your local Jobcentre Plus office can help you
- keep written records, including dates and times, of any discrimination that you have experienced and give these to your employer and ask them to take appropriate action. In your notes, say exactly what happened in as much detail as you can
- keep notes of the hours that you work – this may be important if there are any disagreements with your boss
- ask a colleague or union rep to come with you to meetings
- find out your employment rights by checking your contract and what the employment policies are – you can then use this information to remind your employers of their responsibilities
- know your legal rights (see section below).
dealing with discrimination formally
If you can’t sort out any problems informally, you might need to get formal help.
You can:
- ask for advice, and think about what you want to achieve and how it may affect you if things don’t work out
- ask your union (if you have one) for help. Unions have experience in dealing with a range of problems at work. They can also give you free legal advice
- contact the Equality and Human Rights Commission. They can let you know your rights and support you through any legal action against your employer
- contact the Citizens Advice Bureau. They can give you free legal advice or put you in touch with a local solicitor who offers a free first interview
- know the legal deadlines. If an issue can’t be resolved and you want to take legal action, you should apply to an employment tribunal within 3 months of the incident
- if you are fired (dismissed) by your employer, you can only claim for unfair dismissal if you have been working in that job for 12 months or more. It doesn’t apply to casual workers, agency or temporary workers, self-employed contractors, apprentices, or people on work experience
- if your employer treats you so unfairly that you can’t carry on working there, you can quit (resign) and make a claim for constructive dismissal. This is very risky and constructive dismissal claims are very hard to win. Don’t do this without legal advice. In order to claim constructive dismissal you must resign quite soon after your boss’s discriminatory behaviour. You also need to make your reason for leaving clear in your resignation letter.
help with legal costs
Some solicitors take cases on a no-win–no-fee basis (you only pay the solicitor if they win your case). Some solicitors will take disability discrimination claims under the government's Legal Help scheme for people with a low income. The scheme gives legal help to prepare the case, but does not cover legal representation at a tribunal hearing. If you are a member of a union, the union may be prepared to take your case to tribunal for you. The Equality and Human Rights Commission will give people free legal advice and representation in some cases.
