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This fact sheet will give you some basic information about the laws protecting you from disability discrimination at work. You can also listen to it online or download it onto an MP3 player.

Please be aware that this is not legal advice and if you are concerned about any of the issues mentioned you should speak to a lawyer.

You can contact Russell Jones & Walker's solicitors at enquiries@rjw.co.uk or call our freephone number 0800 916 9065.

• How is disability defined under the law?
• What protection do I get from the law?
• What does discrimination mean?
• Does my employer have to change anything to help me do my job?
• What do you mean by reasonable adjustments�
• Would an employer have to make reasonable adjustments if I am applying for a job?
• How do I make a complaint about disability discrimination?

How is disability defined under the law?

It's defined as being a physical or mental impairment which has a substantial and long term effect on a person's ability to carry out normal day-to-day activities.

This means you have a physical or mental disability that has lasted, or is likely to last, at least 12 months and which makes it difficult or impossible for you to do basic things like moving, co-ordinating, speaking, hearing, seeing, learning and so on.

It also covers conditions like cancer or HIV or anything else controlled by medication. The key issue is the effect rather than the type of disability. And this means the effect before taking any medication or treatment into account.

What protection do I get from the law?

You are protected from discrimination in all aspects of employment.

You are protected from discrimination in all aspects of employment, including applying for a job, promotion, training, terms and conditions, benefits, dismissal and other employment arrangements. You are protected whether you are full-time, part-time, temporary, casual or permanent and even if you are a contract worker. Some consultants will also be covered.

There is no exemption for small employers, even if they only have one or two employees.

What does discrimination mean?

It means you have been treated less favourably because of your disability, for example, if people make stereotypical comments.

It can also mean you have been treated less favourably for a reason relating to your disability. For example, if you are dismissed for having a long period of sick leave caused by your disability.

The law also protects you from victimisation - this means you cannot be treated less favourably for making a complaint or allegation about disability discrimination or helping someone else who has done so.

Does my employer have to change anything to help me do my job?

Yes, otherwise they might be guilty of discrimination. If working practices or the working environment put you at a disadvantage because of your disability then your employer must make reasonable adjustments. For example, if you have depression you may need to be allowed to work part time or have certain duties transferred to help you return from sick leave.

What do you mean by reasonable adjustments�

There are detailed regulations about the sort of adjustments your employer might have to make. For example, adjusting premises, reallocating duties, altering hours, modifying or buying equipment or transferring an employee.

There are a number of other factors that are taken into account, such as the cost, the impact of the adjustments and the resources of the employer.

There is a code of practice setting out guidance on these adjustments. For example, large employers with substantial financial resources can be expected to spend more on making adjustments than small businesses.

Would an employer have to make reasonable adjustments if I am applying for a job?

Yes, providing they could be expected to know you have a disability and would be placed at a substantial disadvantage without the changes.

How do I make a complaint about disability discrimination?

In the first place you will need to complain to your employer. You are then able to take your case to an Employment Tribunal, providing this is within three months less one day of the problem occurring. You can also ask your employer to fill in a questionnaire to get information about your complaint.

You only have to show your unfair treatment is related to your disability. Your employer would be given the chance to justify the treatment, but they'd have to show a relevant and substantial reason for it.

The Tribunal may ask your employer to make particular adjustments in the workplace. It may also award compensation - there is no limit on the amount you might get.