The Disability Discrimination Act 1995: when your employer must make adjustments, what the law covers, and the Equality Commission.
Disabled employees and job applicants in Northern Ireland who want to know whether their employer must make changes for them. In Northern Ireland the law is the Disability Discrimination Act 1995. The Equality Act 2010 does not apply.
The Disability Discrimination Act 1995 defines a disabled person as someone with a physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities.
If you have cancer, HIV infection or multiple sclerosis, you count as disabled from the day you are diagnosed.
Whether a particular condition meets that test depends on your facts. Ask the Equality Commission for Northern Ireland if you are not sure.
An employer has a duty to make reasonable adjustments for a job applicant or employee with a disability where the person is at a substantial disadvantage compared with people who do not have a disability, because of a provision, criterion or practice applied by the employer, or a physical feature of premises the employer occupies.
Whether a change is reasonable depends on the situation. The law lists things to weigh up, including how well the change would work, how practical it is, its cost and any disruption, the employer's money and other resources, any help available such as Access to Work (NI), and the size and type of the business.
Failing to meet the duty cannot be justified and is always unlawful.
The law covers recruitment, terms and conditions including pay, promotion, transfer and training, disciplinary procedures, performance and attendance procedures, dismissal or redundancy, occupational pensions, the way the work is arranged, and the physical features of the premises.
For help with the cost of support at work, contact Access to Work (NI).
A discrimination claim needs no minimum length of service. The Equality Commission for Northern Ireland may be able to help with a discrimination claim.
Before most claims you must notify the Labour Relations Agency (LRA). Early conciliation through the LRA is free. If you notify the LRA within your time limit, the clock stops for up to 1 calendar month while conciliation takes place, plus up to 14 more days if both sides agree.
Northern Ireland has no law that stops an employer asking about your health or disability before offering you a job, and asking is not by itself discrimination. But under the Disability Discrimination Act 1995 it is unlawful for an employer to discriminate against a disabled person in how they decide who to offer a job to, or by refusing to offer it. So if the employer treats you worse because of your answers, for example by not offering you the job, that can be disability discrimination and you can make a claim to an industrial tribunal.
Equality Commission for Northern Ireland: 028 9050 0600. Enquiries about equality or discrimination at work.
Labour Relations Agency (LRA): 03300 555 300. Early conciliation, and free, confidential and impartial advice on employment rights.
If you are in a trade union, it can give you help, advice and support.
Advice NI: 0800 915 4604
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