Disability Rights UK - Disability

Written by Sarah-Jayne Bass

Can the DDA help me if I am faced with disciplinary action?

It is unlawful for your employer to take disciplinary action against you for poor performance or inappropriate conduct if your disability is in any way relevant. If your disability is not relevant, and your behaviour would not have been different if reasonable adjustments had been made, then disciplinary action is not likely to be discriminatory.

If you feel that the disciplinary action is unfair, and that with some or more adjustments the issues would not have arisen, you should:

• ask to discuss this with your manager
• make sure that they are fully aware of your disability or health condition and what might have caused the problems
• suggest they call in expert advice through a disability employment adviser, or Access to Work, a scheme developed to help you and your employer work out what the issues and likely solutions are.

Contact your local job centre (see below) for further information.

If it becomes clear that what caused the disciplinary action could have been prevented through an adjustment, the disciplinary process should be suspended immediately.

If your employer does not see your point of view, the Disability Rights Commission (DRC) helpline (see below) may be able to advise you.

Does my employer have to make reasonable adjustments during the disciplinary process?

Your employer has to treat you fairly and make reasonable adjustments, such as:

• giving you time to prepare for the proceedings
• making all communications available in a format accessible to you
• keeping you informed of what, and why the process, is happening
• providing a reader, qualified sign language interpreter, or advocate, if not having them would put you at a disadvantage.

When is it lawful for my employer to dismiss me?

If no further reasonable adjustments can be made, for you to perform better or behave in a more appropriate way, your employer has to consider moving you to a more suitable job as an alternative to dismissal. But, if redeployment is impossible because the business is small, for instance, dismissal is likely to be considered fair.

There are a few other circumstances in which your employer can terminate your contract:

• if you have been absent for a long time and there is no effective reasonable adjustment, or you are unlikely to return to work in the foreseeable future. It may however be appropriate to discuss the possibility of early ill-health retirement If you are part of a pension scheme, or if you have a private health insurance you may be able to make a claim
• if your disability or health condition creates a substantial risk to yourself or others, you can be dismissed on health and safety grounds. However, prior to dismissal your employer will have to show that they considered all other possible reasonable adjustments including redeployment.

Further Details

Disability Rights Commission (DRC) Helpline Free advice if you feel you have been treated unfairly Post: DRC Helpline, Freepost MID 02164, Stratford-upon-Avon, CV37 9HY
Telephone 08457-622633 - Textphone 08457 622 644, Fax 08457 778 878,
Website http://www.drc-gb.org/
Open 8am to 8pm, Monday to Friday

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