Chapter 16Employing labourThe services of ACAS can also be invoked with a view
to settlement without a tribunal hearing.
There is no cap upon the compensation which may be
awarded for disability discrimination. In Kirkv British
Sugar plc(1998) a partially sighted employee who was
able to prove that his defective eyesight was the domin-
ant factor in his selection for redundancy was awarded
£100,000. The scores he achieved in his assessment were
influenced by his disability and were not an objective
assessment based upon his past work performance. The
tribunal accepted that a partially sighted person would
have greater difficulties in obtaining employment and
based the award on the finding that he would not get
alternative employment for the rest of his working life of
15 years, less 20 per cent to take account of the risk that
had he stayed on his eyesight might have deteriorated to
the point where he could not continue.
Employers should note that the number of cases
involving disability discrimination is increasing. In this
area, as in so much of modern labour law, employers
need to be aware of their duties and to be pro-active in
respect of them.
In regard to compensation, it is important to note that
the EAT has set aside an employment tribunal award of
£1,500 compensation for injured feelings under the DDA
- It said that the tribunal, in error, had taken the
employer’s size and resources into account (see Evansv
Oaklands Nursing Home Group Ltd(2000)). The EAT
directed that there should be a fresh hearing with a clean
sheet.
The EAT made a consistent ruling in a sex discrim-
ination case (Ministry of Defencev Cannock(1994)),
stating that an award for injury to feelings is based solely
on principles of compensation which the claimant makes
for it and must prove.
Questionnaires
Disabled persons who think they have been subject to
discrimination can serve questionnaires on the employer
in the same way as for sex and race claims.
The Equality and Human Rights
Commission (EHRC)
The Equality Act 2006 established the Equality and Human
Rights Commission. The EHRC combines the respons-
ibility and powers of the three previously quality com-
missions, namely The Equal Opportunities Commission
(EOC), the Commission for Racial Equality (CRE) and
the Disability Rights Commission (DRC).
The EHRC will:
■analyse, define and target key equality and human
rights challenges;
■change policy and organisational practice to provide
better public services alongside an efficient and
dynamic economy;
■engage, involve and empower the public, especially
people from disadvantaged communities and areas
and give individuals the chance to participate fully in
our local and national democracy, as well as in local
communities;
■anticipate social change, develop new narratives, and
reach new audiences in ways that strengthen equality
and human rights.Guidance
The government has issued guidance for employers on
how to avoid discrimination against disabled people: see
Disability Discrimination Act 1995 – What Employers
Need to Know. A code of practice entitled ‘The Code of
Practice for the elimination of discrimination in the
field of employment against disabled persons or persons
who have a disability’ can be purchased from the Sta-
tionery Office.Policy statement
On the basis of the guidance, it is useful for employers to
draw up a policy statement for staff regarding disability
discrimination and how it should be dealt with.Unfair dismissal and disability
discriminationThe following table illustrates the contrast.Unfair dismissal Disability discriminationService One year’s No minimum service
service before necessary
eligibility to claim
Incapability A valid reason Where incapability relates
for dismissal to disability, a claim for
disability discrimination
may be made
Compensation Cap of £63,000 No cap on compensation