Project Brighton: Fiona Martin, of Martin Searle Solicitors, discusses their campaign to end disability discrimination in the workplace

Throughout October, Martin Searle Solicitors were campaigning to end disability discrimination at work by providing a free telephone advice service for employers and employees concerned about their workplace rights or obligations.

Martin Searle Solicitors are committed to equality in the workplace and their regular campaigns highlight the discrimination still faced by certain groups such as women taking maternity leave and those with disabilities.

Fiona Martin, Head of Employment Law at Martin Searle Solicitors, says: “It says a lot about the poor state of our working culture that disability discrimination is still a common feature. This is partly due to employers’ lack of knowledge about their duties to make Reasonable Adjustments.

Many mental health conditions are invisible, they meet the disability criteria under the Equality Act 2010

“We are also seeing employers cynically targeting employees on long term sick leave who are benefiting from full contractual pay. HR Departments are dismissing, without following a fair ill health capability process and fully aware that they are not fulfilling their legal obligations, in order to save money.”

Martin Searle Solicitors’ employment law team are concerned that discrimination is particularly rife in relation to mental health issues. Mental ill-health often goes unspoken and unacknowledged with work colleagues and HR departments likely to be more open about physical ailments than they are about discussing mental health issues.

Referring to someone’s mental health can be seen as a criticism or inference that someone is weak or unstable. Depression and conditions such as bi-polar disorder are ‘hidden’ because to admit to suffering from these conditions may mean facing social stigma and even workplace discrimination.

While many mental health conditions are invisible, they meet the disability criteria under the Equality Act 2010. This is a physical or mental impairment which has a long term, substantially adverse effect on the employee’s ability to carry out day-to-day activities. Proper assessment of such impairments not only provides employees with protection from discrimination, it also informs employers about Reasonable Adjustments they should make to overcome the disadvantages disabled workers experience at work on a weekly basis and this appears to be increasing since the introduction of Employment Tribunal fees. Some employers may be aware that fees deter employees from bringing claims. However, what they are not factoring in is the drop in morale when other employees’ see their vulnerable colleagues treated unfairly.”

Equality in the workplace underpins good employment relations and ensures fairness

Fiona continues: “Equality in the workplace underpins good employment relations and ensures fairness. Employment disability legislation has been put in place to provide an ‘equal playing field’ so disabled people are not disadvantaged. Unfortunately, this legislation is being ignored. “Stereotyped views, where disabled employees are viewed negatively, ignores the fact that many of us may become ‘disabled’ at some point in our working life, whether this be through physical injury or mental health problems, such as anxiety and depression.

Their employment team know from experience, that with proper support and Reasonable Adjustments, most employees continue to be valuable members of staff.

For free and confidential advice on disability rights and obligations, employers and employees can call Martin Searle Solicitors’ disability legal helpline on Mondays and Thursdays throughout October from 4pm to 6pm on 01273 609911, or email info@ms-solicitors.co.uk.