Disability Discrimination Grievance Letter

Topics covered within this page: disability discrimination, discrimination at work, discrimination disability, discrimination in workplace, discrimination work, discrimination act, discrimination at workplace, what is discrimination, discrimination in the workplace, the disability act, discrimination disability act, employee rights disability, work discrimination, disability and discrimination, workplace discrimination, equal opportunities.

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This page lasted updated 7.7.26.

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What is Discrimination? – Work Discrimination

The Equality Act 2010 states that where an employee has a [disability] s/he is considered to have a [protected characteristic] pursuant to s.6(1). An [impairment] (either mental or physical) can amount to a disability, when it adversely effects the employee’s ability to carry out their normal day-to-day activities.

Direct disability discrimination – is when one person is treated “less favourably” than another on the grounds of their disability. As such, a comparator is needed to demonstrate who you have been treated ‘less favourably’ than.

Discrimination arising from disability – is where you are put at a disadvantage because of something arising in consequence of your own disability, which is not a proportionate means of acheiving a legitimate aim. A comparator is not needed. All you need do is show that ‘because of’ your own disability, you have been disadvantaged. This is a much easier way to win a claim in the Employment Tribunal compared to either direct or indirect discrimination.

Indirect disability discrimination – is less obvious and inadvertent. In the field of employment, it exists where a “provision, criterion or practice” is applied to a disabled person, which would not equally apply to non-disabled person.

Harassment – A person harasses another if he “engages in unwanted conduct related to a disability, and the victim recipient finds the “unwanted conduct” either offensive, undignified, embarrassing, humiliating, intimidating or degrading.

Victimisation – In an employment context, means treating someone ‘less favourably’ than others because that person exercised a statutory right.

Detriment – A detriment is where an employee is “disadvantaged”. It a less of a hurdle to prove than ‘less favourable treatment’.

A disability can also be an “impairment” (either mental or physical) when it adversely effects your ability to carry out normal day-to-day activities.

These five different types of discrimination are referred to as “prohibited conduct”.

For a list of disabilities, which Employment Tribunals recognise, clear here.

Triggers for Disabilities

An employee’s disability is often triggered or reoccurs due to either (i) harassment at work, or (ii) work-related stress. In the authority of Private Medicine Intermediaries v Hodkinson & Ors UKEAT/0134/15/LA the Employment Appeal Tribunal made the following observation:

“Where the complaint is of discrimination arising in consequence of disability it may be enough if the disability was a significant influence on the treatment or a cause that was not the main or sole cause but that was an effective cause”

What does the above mean in plain English? It means that if your employer or an employee of your employee ‘significantly influenced’ your disability i.e., say you have an anxiety attack or asthma attack because you are being harassed at work, then both your employer and the employee are liable for the discrimination in accordance with s.15 of The Equality Act 2010. For the avoidance of doubt, individuals who harass, discriminate or victimise you, are personally liable in the Employment Tribunal. This means that you can sue both your employer, in addition to the person who is harassing or discriminating against you. In accordance with s.110 of The Equality Act 2010, the person who harasses you or discriminates against you can be named as an additional named respondent in any claims you bring in the Employment Tribunal, as long as you have an ACAS certificate for that person.

In our own employment tribunal claims, we established that it was the ‘cumulative effects’ of work-related stress and harassment, which was the causation for my wife’s ‘panic attacks’ and ‘depression’ and the raison d’etre for my having more frequent ‘asthma’ attacks. (My wife Amy and I worked for the same employer). Our consultations with our own doctor provided medical evidence, which medical records established and supported our employment tribunal claim, viz: that the ‘unwanted conduct’ (harassment and discrimination) had ‘significantly influenced’ our disabilities. Put shortly, a ‘causal link’ existed between the harassment and discrimination, and the exacerbation of our disabilities. Therefore, the employer was under a ‘statutory duty’ to make reasonable adjustments, which it had all times omitted to do, which gave the person harassing my wife (Amy) a green light to continue to discriminate against her, and myself. Boy, did they mess with the wrong people!

Prior to reading this segment, I want you take the time to read the through the segment on work-related stress. This segment outlines the steps your employer ought to take to both prevent and combat workplace discrimination, workplace stress and workplace harassment. It outlines your employment rights, and rights as an employee.

Establishing A Link Between Harassment at Work and Disability Discrimination

If the employee is able to establish a link between the [causation] and the [injury], then the employer maybe liable to pay compensation. The Court of Appeal has established the following:

“The claimant must show (establish facts) that that the employers “breach of duty” has “caused” or “materially contributed” to the “harm suffered”. It is not enough to show that occupational stress “caused” the “harm” –  it must be linked with the ‘breach’.”

Put shortly, if a ‘causal link’ exists between the harassment and discrimination meted out upon your person ‘significantly influences’ or ‘materially influences’ your disabilities, i.e., induces an anxiety or asthma attack, then s.15 of The Equality Act 2010 would apply. Be sure to include this information within your grievance letter to your employer.

Employer’s Constructive Knowledge of Your Disability

Should your employer have instructed a third-party occupational health provider to undertake a health questionnaire at the commencement of your employment, then it would very likely have asked whether or not you have a disability, either past or present. Should you have answered yes, then your employer would have ‘constructive knowledge’ of your disability.

Your employer may also have enquired as to whether you have a disability (or whether it may need to make reasonable adjustment/s for your person) during the following times: (i) application for employment (ii) probationary review (iii) annual appraisal (iv) tax information (disability tax credits) (v) parking. Should your employer be aware that you have a disability, it has “constructive knowledge”.

If you have a mental or physical impairment or disability, you need to let your employer know in your letter of grievance; otherwise, your employer might not realise it has a [duty] to make a ‘reasonable adjustment’ for your person, and would later argue in the Employment Tribunal that you had failed to inform them of this fact. The judge would unlikely hold an employer liable for disability discrimination in circumstances whereby the employer did not know the employee had an ‘impairment’ or ‘disability’.

Eastern and Coastal Kent PCT v Grey (IDS 875)

“The duty to make adjustments does not apply if the employer does not know, and could not be reasonably expected to know, that the employee has a disability and is likely to be placed at a substantial disadvantage.”

Employers Duty to Make Reasonable Adjustments

Employers must make reasonable adjustments to prevent disabled people from being put at a “substantial disadvantage” in comparison with people who are not disabled. An employer’s failure to make “reasonable adjustment/s” for an employee who has an impairment, which adversely effects their ability to carry out their normal day-to-day activities, would likely be acting in contravention of the Equality Act 2010. However, the employer’s duty does nor extend to just “recognised disabilities”.

For the avoidance of doubt, the statutory duty to identify and implement reasonable adjustments falls squarely on the employer as held in the authority of S v A 2201874/2018:

“The duty to consider whether adjustments should be made and what those particular adjustments should be, falls squarely on the employer at the time it is under the duty.”

There is no onus on you to have to either suggest or request reasonable adjustments albeit we recommend in your grievance letter that you suggest reasonable adjustments by listing them in bullet point form.

If your employer is putting the onus on you to identify reasonable adjustments then reach out to us to help you raise a grievance letter for disability discrimination – myrightsuk@protonmail.com

What Constitutes Having An Impairment or Disability?

In the case of J v DLA Piper UK LLP [2010] IRLR 936), it was held that when deciding whether an employee has an “impairment” Employment Tribunals do not have to be stead fast or rigid in their approach, and can first consider whether the employees’ ability to carry out normal day-to-day activities has been adversely affected. Given the aforementioned, employees’ have been successful in winning Employment Tribunal claims for impairments, which would not otherwise be obvious, having established that (i) a knee injury (ii) back problem, and (iii) having heavy menstrual cycles have “substantially impaired their ability to undertake their normal day-to-day activities” and which have impacted upon either their mobility or concentration. This is important, as you will have to establish in the Employment Tribunal how your impairment has “substantially effected” your “day-to-day activities”. In addition, the effect of your impairment must last (or likely last) for a period of no less than twelve months.

Establishing Facts

In our own case, my wife established that her impairment (panic attacks) meant she was prone to fainting. This posed a ‘significant risk of harm’ to her health, especially given the nature of her occupation, whereas a bout of fainting within the working environment would likely amount to a “danger” under the auspices of  the Employment Rights Act 1996 S.44 & S.100. In addition, her depression also impeded her ability to concentrate. The ‘cumulative effects’ of both “impairments” substantially effected her ”day to day activities’ to undertake her job role without adjustments been put in place.

As for myself, I established a link between the [stress] and the [harassment], insofar that it triggered or ‘significantly influenced’ my having more frequent asthma attacks. This necessitated the need to take my medication (inhalers) more frequently, which was ‘prejudicial’ to my health. Consultations with my own doctor established the fact (medical evidence) that the over use of my medication induced adverse health effects such as heart palpitations, rapid heartbeat and high blood pressure. Not only was this ‘prejudicial to my health’, but substantially effected my ability to concentrate, and also impaired my mobility within the working environment to perform my duties (difficulty breathing).

The Health and Safety Executive states:

“A person is defined as disabled if they have a physical or mental impairment that has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities. The key thing is not the impairment but its effect. Some people don’t realise that impairments such as migraines, dyslexia, asthma and back pain can count as a disability if the adverse effect on the individual is substantial and long-term.

‘Normal day-to-day’ means things that people do on a regular or daily basis, such as reading, writing, using the telephone, having a conversation and travelling by public transport .

‘Long-term’ usually means the impairment should have lasted or be expected to last at least a year.

‘Substantial’ means not minor or trivial.”

Employers Duty To Make Reasonable Adjustments

1. You can now see how important it is to establish in your letter of grievance that you have an impairment/disability. Your employer’s duty to make a reasonable adjustment for your person only exists if (i) it is made aware of the fact that you have an impairment, and (ii) that making an adjustment would do some good.

2. Your second step, should be to provide your employer adequate information about your impairment, so that it can decide what adjustments might be beneficial for you. The *onus is on your employer to make an assessment. It would be good business practise’ for the employer to discuss and assess with you what it can do to alleviate the effect your impairment is having upon your abilities to perform your duties. You do not need to elaborate or go into any great detail about your impairment. Your employer is obliged to take what you tell it at ‘face value’.

3. Your third step (very important) is to state within your letter of grievance how your impairment effects your ability to carry out your day to day activities. This is imperative, as it places the burden upon your employer to “act”. An “omission” to make a “reasonable adjustment” may amount to a contravention of the Equality Act 2010. It also makes it very difficult for an employer to rid themselves of an employee it no longer wants to employ. It is common practise for an employer who wants to rid itself of an employee, to allege that the employee was not up to the job, or by calling into question the employee’s “abilities and capabilities” to perform his or her duties. This practise would most certainly amount to “victimisation” where the employee had established within their letter of grievance that their ‘impairment’ impeded their ability to undertake their day to day activities, or perform their duties. It would be incumbent upon the **employer to make an ‘assessment’.

4. Further, by stating that the discriminatory act is ‘prejudicial’ to your health, you are letting your employer know that a foreseeable risk of harm exists. A failure to act would likely amount to both a breach of the ‘duty of care’ and of the “mutual trust and confidence“.

Example paragraph you could include within your grievance letter to elucidate this point:

By reason that I have an “impairment” I am asking that (company name) comply with its statutory duties under the auspices of the Equality Act 2010 to make a reasonable adjustment for my person. As an asthmatic, the triggers within my working environment are the causation of my having asthma attacks. This necessitates the more frequent use of my inhalers, the combination of which is materially injurious to my health. As a consequence of the aforementioned, the effects of my impairment impedes both my ability to concentrate, and my mobility. This substantially affects my ability to perform my day to day activities, and undertake my duties.

Please visit our free grievance letter template, which encompasses legal terminology and points of law, which you can cut and paste to aid you in writing a grievance letter for discrimination.

The important thing to do in your letter of grievance, is not to hold anything back, which you could later use in an Employment Tribunal to draw inference against your employer. You have to ‘place the burden‘ on your employer to make an assessment of your abilities and capabilities. Any “omission to act” by your employer would have to be explained by them (or their solicitors) in an Employment Tribunal.

The Following Applies:

1. I would strongly suggest that you put in your letter of grievance some suggestions of reasonable adjustment/s which the employer could make for you. This puts the onus on the employer to ‘*consult’ you.

2. The employer is not legally obligated to consult you, but a failure to do so would [demonstrate] to the Employment Tribunal poor managerial practises within the organisation, especially where you have made a suggestion of an adjustment, and the employer had not even bothered to discuss that adjustment with you.

3. Establish within your letter of grievance, what the triggers are for your having more frequent asthma attacks. (see the example in the grievance letter sample).

*Tarbuck v Sainsburys.

**Archibald v Fife Council [2004] IRLR 651 HL

An employer has a positive duty to make reasonable adjustments for the benefit of an employee who by reason of disability has become incapable of doing the job for which he or she is employed, if he or she could do another job within the same organisation.

Detriment”Arising From” Disability

A detriment is where an employee is ‘disadvantaged’. ‘Detriment arising from disability’ will occur if an employer treats an employee in a detrimental way due to something that is as a consequence of their disability. A ‘one off act’ act of harassment can amount to a discriminatory practise, if it is serious enough.

Detriment Arising From Health & Safety- The Employment Rights Act 1996

The Employment rights Act S44.(1) states:

“An employee has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done on the ground that;-“

(c) he brought to his employer’s attention, by reasonable means, circumstances connected with his work which he reasonably believed were harmful or potentially harmful to health or safety,

(d) in circumstances of danger which the employee reasonably believed to be serious and imminent and which he could not reasonably have been expected to avert, he left (or proposed to leave) or (while the danger persisted) refused to return to his place of work or any dangerous part of his place of work, or.

(e) in circumstances of danger which the employee reasonably believed to be serious and imminent, he took (or proposed to take) appropriate steps to protect himself or other persons from the danger.”

With regard to (c-e) above, should your employer ‘fail to act’ upon the information contained within your letter of grievance, where you have made it clear that you are being subjected to “prohibited conduct” it could be argued that the conduct in question was prejudicial to your health, which may constitute a “danger”. This gives the employee the right to make what is known as a “protected disclosure”. I have this topic within the segment on “whistle-blowing“.

You don’t have to face your employment problem alone. If would like to discuss your workplace problems with us, reach out to us. Sometimes, just talking through your employment issues can give you a new perspective on what to do, and furthermore, how to go about doing it. We can write your grievance letter for you. We can hold your hand throughout the entire grievance process from beginning to end. We can assist you in avoiding the common mistakes which we see employees make when going through the grievance process with their employer. This is why we say you don’t have to be alone in going through this process. Reach out to us on 07775943414 or email us at myrightsuk@protonmail.com

We work 7 days a week, 9-5 UK time, because we know all too well that your employment problems don’t just end on a Friday afternoon! Go on, pick up the phone and call us!