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Can Employee Schemes Be Disability Discrimination?

two women discussing work bonuses

Disability discrimination can be found to exist when an employer treats an employee unfavourably because of something arising as a consequence of the employee’s disability.

Written by
Natalie Abbott, Employment Law Partner at Rothera Bray
Natalie Abbott
Partner & Head of Employment

In a case where an employer operated a bonus scheme for employees who hadn’t received a formal warning for high levels of sickness during the relevant financial year, the employer was found to be discriminating against disabled employees.

In this case, 5 disabled employees had been absent due to sickness on occasions which were a direct result of their disabilities.  Whilst the employer had made reasonable adjustments to their trigger points, which extended the amount of sickness before a warning, each employee eventually received a warning and were therefore not eligible for a bonus.

Employee claims for disability discrimination

The employees then made a claim for disability discrimination at the Employment Tribunal.  It was found that the fact that receiving a warning led to an automatic disqualification from the bonus scheme was discrimination arising from disability. 

Disability discrimination legal advice

For advice about whether you may have a claim for disability discrimination at work call to speak to one of our specialist employment law solicitors.

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