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<p>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.</p><p><strong> </strong></p><p>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.</p><p><strong>
</strong></p><p>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.</p><p><strong> </strong></p><p>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.</p><p> </p>
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