What are some examples of unfavourable treatment?

Nick Singer

23 October 2018

Discrimination because of something in connection to your disability

The Equality Act 2010 makes it illegal to treat an employee unfavourably for something arising out of a disability.

What’s meant by discrimination arising from disability?

The law which says an employer must not discriminate against their employee is called the Equality Act 2010. Discrimination which is against the Equality Act is unlawful. This means employees can take action in the employment tribunal.

Discrimination arising from disability is when the employee is treated unfairly because of something in connection to their disability rather than the disability itself. The Equality Act calls this unfavourable treatment.

Here are examples of things which might be connected to your disability:
• the need for regular rest breaks or toilet breaks
• a restricted diet
• difficulties in using public transport
• more time off work
• the need for regular hospital appointments
• the need for specialist computer equipment
• the need for a quiet working environment
• behavioural issues
• speech or movement difficulties.

What’s meant by unfavourable treatment? This is the question I put to expert barrister Nick Singer.

Video Transcript

Hello, my name is Mark Ferron and what is meant by unfavourable treatment in regards to discrimination arising out of a disability? If you'd like to know then please watch this short video and expert barrister Nick Singer will explain.

Unfavourable treatment is not exactly defined, although some of the guidance says it should be construed very very widely, but actually, it's just but what it says on the tin, being treated badly. So dismissed, demoted, given a pay cut, given a warning, anything which a reasonable employee could sort of view as being badly treated but as I say in reality it usually is those classic things like dismissal and demotion and things like that.

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