In work: your rights – British Sign Language Guide

Published: Monday 21 October 2024 | No Comments

Grouped under: For Professionals

This resource is kindly funded by Churchill Fellow

A short video for deaf workers explaining how to know and protect your rights at work, including: 

-How to find inclusive employers 

-Discrimination at work 

-What to do if you have been discriminated against 

Whether or not you personally consider yourself disabled, as a deaf person you are legally protected from workplace discrimination under the Equality Act 2010. 

How to find inclusive employers 

By law, all employers must treat all job applicants equally. This is regardless of any disability applicants may have. Some employers make it clear that they want disabled people to apply.  

Look for employers whose websites and job adverts say that: 

• they want to increase diversity, or 

• they are an equal opportunities employer. 

Employers can still be inclusive, even if they do not say that they are. You should still apply, and ask for adjustments to your interview or to the role if you need them. 

You can also contact the employer directly. You could ask them what they have in their policies to: 

• support applications from disabled people 

• support disabled people at work. 

Disability Confident employers 

The Government runs the Disability Confident scheme. 

All Disability Confident organisations have committed to:  

• offering an interview to a fair number of disabled people who meet the minimum criteria for a job. This does not mean that all disabled people are entitled to an interview.  

• can use the Disability Confident symbol on their websites and job adverts.  

If you want to get an interview under Disability Confident, you will need to say that you are disabled in your job application. 

Disability Confident symbols 

Look for the Disability Confident symbols on job adverts. 

Only Level 3 organisations are independently assessed to check they’re meeting their commitments. 

Committed (Level 1) – Self-assessed 

Employer (Level 2) – self-assessed 

Leader (Level 3) – Independently assessed 

Discrimination at work 

This information applies to England and Wales. 

Disability discrimination is when someone puts you at a disadvantage because of your disability. This could include: 

• your employer not providing reasonable adjustments that would help you to do your job 

• an employer withdrawing a job offer when they learn that you are deaf 

• your employer firing you due to disability-related absences 

• workplace bullying because you are disabled 

The Equality Act 2010 protects people from discrimination in the workplace. It defines a disabled person as someone with “a physical or mental impairment, and the impairment has a substantial and long-term adverse effect on [their] ability to carry out normal day-to-day activities”. As we said earlier, even if you don’t consider yourself to be disabled, deafness is protected under the Equality Act 2010. 

Types of disability discrimination 

Discrimination is when someone puts you at a disadvantage because of your disability. There are different types of disability discrimination. 

Direct discrimination 

When a disabled person is treated less favourably because of their disability. For example, if you do not get a place on a training course because your employer assumes it would be difficult for you to understand. 

Indirect discrimination 

When a workplace process or rule inadvertently disadvantages a disabled person. For example, the fire alarm system not having visual adapatations. 

Harassment 

When a colleague makes offensive remarks about disability. 

Failure to make reasonable adjustments 

There is no set definition of what is ‘reasonable’. It depends on the job and the employer. But if something is easy and inexpensive to do, and your employer has not done it, this could be disability discrimination. 

When discrimination can happen 

You can face discrimination at any stage of employment. 

Applying 

If you are not selected for interview because of your disability. This can be difficult to prove. 

Interviews 

If you do not get adjustments at interview after you ask for them, this could be discrimination. Your interviewer is not allowed to ask you about your disability or how it affects you, except in very limited circumstances. These include discussing: 

• adjustments you may need to perform as well as others in the recruitment process 

• your ability to do the core aspects of the job 

At work 

If your employer does not make reasonable adjustments to enable you to do your job, it could be discrimination. Reasonable adjustments can include flexible working and different duties. 

Promotions 

If you do not get a promotion or a pay rise because you are disabled, this is discrimination. 

Termination 

It may be discrimination if you are fired due to disability-related absences. 

What you can do if you face discrimination 

1. Start with a chat

If you face discrimination at work, talk to a manager as soon as possible. 

2. Raise a grievance

If you cannot resolve this informally, try raising a grievance. This is a complaint that should follow your employer’s formal procedure. Ask HR if you do not know where to find information about it. 

Raising a grievance usually involves writing a letter with details of the discrimination. Your employer’s grievance policy should explain what you need to do. It will also tell you how long each stage of the procedure should take. If you are unfairly treated for raising a grievance, this is also discrimination. 

3. Get independent advice

If raising a grievance does not help, seek advice. Your union may be able to help you or act as a mediator. 

Advisory, Conciliation and Arbitration Service (ACAS) provides free, impartial advice on all workplace issues.  

4. Make a claim for disability discrimination

If mediation fails, you can make a claim for disability discrimination. 

Make a claim at an employment tribunal. You can find out more information by visiting www.gov.uk and searching for ‘employment tribunal’. 

Tribunals are a last resort and can be stressful. Think carefully before going ahead. There is a time limit for making a discrimination claim at a tribunal. The limit is 3 months minus a day from the date when the discrimination happened.  

Keep notes of any conversations and copies of any emails. This means you can show later that you tried to follow your employer’s procedures and find a solution.  

We hope this has been a useful resource to help you understand your rights at work, and how to protect them.