How TUDA works Bulletin Board Campaigns Events Newsletters Publications Training Links Join Us Contact Us

As a Disabled Trade Unionist, what are my rights?

The Disability Discrimination Act 1995 (DDA) makes it unlawful for an employer to discriminate against you because of your disability or long-term health condition.

Who is disabled under the DDA?

The definition of disability is unnecessarily complex and does not reflect the social model. Nevertheless, it has been held to apply to people with many conditions from dyslexia, depression and other forms of mental illness, autism and other forms of learning disability to RSI, arthritis, diabetes and chronic fatigue syndrome.

A diagnosis will not in itself automatically mean that you are protected by the DDA. If you have to assert your rights in an employment tribunal, you will usually have to show that your condition has a long-term (or recurring) and substantial impact on your ability to function (discounting coping strategies or the impact of medication).

It is a very complicated definition, which we have simplified here, and so if you think you have been discriminated against you should take specific advice on whether the DDA applies to you from the Disability Rights Commission (DRC) free Helpline - see below

What are my employment rights under the DDA?

The employer has a duty to make “reasonable adjustments” to premises and working practices to ensure that you are not at a substantial disadvantage compared to others. This covers every aspect of employment, including:

• the recruitment process
• Promotion and career development
• the terms and conditions of your employment
• benefits

Your rights under the DDA also cover:

• unfair treatment compared to other workers
• harassment and victimisation
• unfair dismissal

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 considered to be discriminatory.

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.

Trade unions must not discriminate against disabled members. For example, they must make reasonable adjustments to their rules and services such as publications and conferences.

Further Details

Contact the Disability Rights Commission (DRC) helpline for free advice if you feel that you have been treated unfairly.

Post: Freepost MID 02164, Stratford-upon-Avon CV37 9HY.
Telephone: 08457-622633
Textphone: 08457 622 644,
Website: www.drc-gb.org

Return to top of page

Return to TUDA Home Page

Using this site: A word in bright blue indicates a link that you can access by clicking on it; a word in orange indicates that you have followed this link already.

Image courtesy of the Change Picture Bank

Webmaster: ju90