Recently I successfully represented an employee who brought a disability discrimination case after being dismissed by her employer. The company completely disregarded HR procedures and the legal requirements concerning disability rights.
This case serves as a cautionary tale for employers: getting employment law wrong is not only costly, but can cause reputational damage. If an employer loses an employment tribunal and they don’t pay the claimant can ask to have them fined and named publicly by the Government.
So let’s explore the dangers of making bad decisions and how seeking professional HR advice can help prevent risks to your business.
The risks of non-compliance
The easiest way to avoid claims of disability discrimination is to follow proper HR procedures, especially when dealing with issues such as recruiting and dismissal. In my recent case, the employer failed to uphold its legal duty to:
- Acknowledge the employee’s disability: this is a serious violation of the Equality Act 2010, which protects individuals from discrimination in the workplace.
- Make reasonable adjustments: offering flexible working hours or making changes to the workplace can enable a disabled employee to perform their role effectively.
- Fair dismissal processes: getting rid of an employee without considering employment law puts companies at risk of being taken to a tribunal, where legal and compensation costs can quickly add up.
Lessons for employers to avoid disability discrimination
Ignoring legal obligations can mean more than financial penalties, it can also erode staff trust and morale. In this case, the tribunal found clear evidence that the employer had not taken even the minimum steps to address the employee’s needs. So how can an HR consultant help?
Legal advice: while a business owner might be an expert in their industry, they haven’t got the time to fully understand the complex and constantly evolving world of employment law. As an experienced HR consultant, I can ensure companies stay up to date by offering guidance based on the latest tribunal cases.
HR policy framework: I work closely with clients to design policies that support fair treatment of all employees, including those with disabilities. These policies cover areas like reasonable adjustments, dismissal protocols and grievance handling, reducing the risk of discriminatory practices and preventing costly oversights.
Manager training: one way to avoid tribunal claims is to ensure line managers are trained on discrimination, inclusion and reasonable adjustments. This equips teams with the skills to support all employees, fostering a workplace culture based on respect, equality and compliance.
Staff support: handling employee concerns, especially involving disabilities, requires sensitivity and expertise. I can ensure conversations and actions are legally compliant and respectful. Get help with documentation, communication strategies and making reasonable adjustments to manage situations with professionalism and empathy.
Mitigating risk: I can perform an HR review to check current policies and procedures, helping clients avoid discrimination claims and tribunal cases. My comprehensive audits will identify potential compliance gaps, ensuring clients stay ahead of potential issues.
Invest in your people: a single tribunal case can cost tens of thousands of pounds in legal fees and compensation – potentially putting a business at risk. My recent tribunal highlighted how a proactive approach can prevent costly legal disputes, while creating a positive work environment where all employees feel respected and valued.
Got a question about disability discrimination?
Attending a tribunal hearing demonstrates the importance of getting HR processes right, especially when it involves disability rights. If your business could benefit from professional HR guidance, contact me today and I will assist in building a thriving, inclusive workplace.
