What must be identified
A strong claim identifies the disability, the employer's knowledge, the disadvantage, the adjustment requested or required, and the link between treatment and disability.
Common scenarios
Common cases include sickness absence dismissal, failure to adjust duties or hours, capability procedures, ignored occupational health recommendations and hostile comments about health.
How ProHearings helps
ProHearings can help map facts to Equality Act claim types, draft the ET1, organise medical and workplace evidence and prepare a schedule of loss.
Disability discrimination claim types
The claim may involve direct discrimination, discrimination arising from disability, failure to make reasonable adjustments, harassment or victimisation. Each has a different legal structure, so the ET1 should avoid vague wording.
Reasonable adjustments evidence
Key evidence includes medical notes, occupational health reports, adjustment requests, risk assessments, emails, flexible working discussions, sickness absence triggers and reasons the employer gave for refusing adjustments.
Capability dismissal warning
Capability dismissals can overlap with disability discrimination. The employer should normally consider medical evidence, consultation, adjustments, alternative roles and whether dismissal is proportionate.