Workplace Discrimination Claim
The individual is experiencing potential workplace discrimination while employed as a correctional officer for over two years. The issue arises from an attempt to demote them due to their inability to fulfil the entire role, attributed to a learning disability, without any support provided for their reading and writing needs. This situation suggests a possible breach of disability rights under employment law, particularly concerning reasonable adjustments. Allegations indicate that the employer did not implement necessary accommodations to assist in their duties, which may constitute discrimination based on a disability within the workplace.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkCan my employer legally demote me due to a learning disability without providing reasonable adjustments?
Under the applicable disability discrimination laws, a learning disability is likely to be considered a disability. Employers are required to make reasonable adjustments to ensure employees are not at a substantial disadvantage. Demotion due to a lack of support could constitute indirect discrimination unless justified by the employer as a legitimate aim. Failure to provide reasonable adjustments may be challenged in relevant employment tribunals.
What reasonable adjustments could I request to help with my learning disability at work?
Employers must make reasonable adjustments for employees with disabilities. You could request modifications such as assistive software, additional training, a mentor for support, or more time to complete reading and writing duties. Adjustments should be tailored to your needs to help you perform effectively.
Is there a specific process I should follow if I believe I am being discriminated against at work?
If you believe you're facing discrimination at work due to a learning disability, notify your line manager or HR department. Request an investigation, as this allows the employer an opportunity to resolve the issue. If not resolved internally, consider seeking guidance from a mediation service and potentially lodging a claim with the Employment Tribunal within the defined time limit.
What legal protections or recourse do I have if my employer doesn't comply with providing reasonable adjustments?
Employers must provide reasonable adjustments for employees with disabilities. If your employer fails to comply, you can escalate the issue internally and, if unresolved, to an Employment Tribunal. Documentation proving your employer was aware of your condition and failed to accommodate adjustments is crucial.
