DISABLED WORKERS - KNOW YOUR RIGHTS

RMT helpline 0800 376 3706 :: february 2020 :: RMTnews 24 Disabled workers have rights – not as many rights as RMT thinks we ought to have, but more than many of us think we have! The government and employers are in no hurry to tell you what your rights are, but RMT will. The union’s Disabled Members’ Advisory Committee is running a ‘Know Your Rights’ campaign so you know what you are entitled to. When workers know our rights, we are better equipped to assert them. The best way to do that is together, through our union. The small card you have received is designed to fit in your wallet. If you are not disabled yourself, perhaps you could give it to a workmate and explain the benefits of joining RMT. ARE YOU DISABLED? Under the law, you are disabled if you have a physical or mental impairment that has a substantial, long-term, negative effect on your ability to carry out normal daily activities. • ‘Substantial’ means anything more than minor or trivial. • ‘Long-term’ means lasting, or expected to last, twelve months or more (or less if you are dying). The law automatically includes some conditions (HIV, cancer, multiple sclerosis) and excludes some others (eg. hay fever, alcohol addiction). Everything else is judged on a case-by-case basis. WHICH DISABLED WORKERS ARE COVERED BY THE LAW? Every disabled worker is covered, whether temporary or permanent, part-time or full- time, agency or directly- employed. You might even be covered if you are self- employed, depending on the circumstances. You are protected against some forms of discrimination if you are associated with a disabled person, if you were disabled in the past, or if people think you are disabled even if you are not. For example, if a manager shouts and swears at you for asking for time off to look after your disabled partner, this might be unlawful harassment. There is no qualifying period for these rights. They apply from Day One of your job. In fact, they apply even before you start working, as they cover the application process too. WHAT RIGHTS DO DISABLED WORKERS HAVE UNDER THE LAW? The right not be discriminated against directly. It is unlawful for your employer to treat you worse because you are disabled. If, for example, you tell your manager that you have cancer and they respond by stopping you working overtime, that would be unlawful. THE RIGHT NOT TO BE DISCRIMINATED AGAINST INDIRECTLY Employers are not allowed to set criteria that it is harder for workers to meet. For example, if your employer pays a bonus to everyone who attends an event held in a venue accessible only by stairs, and you do not attend because you can’t climb stairs, that would be unlawful. The right not to be discriminated against because of something you do because you are disabled. For example, giving a worker a negative reference because they took sick leave because they are disabled amounts to unlawful discrimination. THE RIGHT TO REASONABLE ADJUSTMENTS If a feature of your job places you at a disadvantage compared with non-disabled workers, then the employer must make suitable changes to help you do your job. These might include providing auxillary aids, or adjusting your hours, or reallocating some of your duties. The employer has to pay for the adjustment, but government funding is available towards this. THE RIGHT NOT TO BE HARASSED You are entitled to attend work free from unwanted conduct that humiliates, distresses or offends you on the basis of your disability. So, for example, if you have a stammer and a workmate or manager mocks you, that would be unlawful harassment. The right to complain about discrimination without being punished in any way for doing so (known as ‘victimisation’). People who support your DISABLED WORKERS– KNOW YOUR RIGHTS! Enclosed with RMT News is a small card which summarises disabled workers’ rights