Cerebral Palsy
Employees with Cerebral Palsy
Our team of Employment solicitors consists of dedicated specialists and lawyers who deal exclusively with employment law. The team have over 30 years’ experience collectively and have wide, in-depth knowledge of all employment matters and disputes.
You can be assured Lawson-West’s solicitors keep up to date with the latest legal developments and changes to bring you the best advice.
Lawson-West’s expert employment solicitors and lawyers have experience of representing clients who have been discriminated against because of Cerebral palsy.
The symptoms of Cerebral palsy affect people of all ages and to a varying degree, some which cause minor difficulties and others which can cause significant disability.
Tell Your Employer about your Cerebral Palsy
Many people are able to work despite their condition and have successful and rewarding careers. The extent of the condition can determine whether or not it is formally a disability. If Cerebral palsy is determined to be a disability then the employee may require some additional assistance or adjustments in the workplace to allow them to work.
To assist the employer in understanding your condition and the additional support they could provide, it is important that an assessment is undertaken to provide feedback, assistance and recommendations for adjustments.
Any recommendations provided should be implemented as quickly as possible, where reasonable to avoid any further detriment.
Employers must make reasonable adjustments for employees so that they are not disadvantaged at work.
Cerebral Palsy reasonable adjustments - reasonable adjustments could include:
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Reallocating a task to another employee
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Moving an employee's desk to a quieter area
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Changing the way that something is done
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Changing physical features of the work environment
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Providing extra equipment or someone to assist the person to meet their changing needs
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Flexible Working
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Time off to attend medical appointments
If you have Cerebral palsy, it is important that you notify your employer so that they can comply with their obligations. If your employer is not aware of your condition, they may not assist you. The employer may be entitled to financial assistance to help meet the cost of supporting the person with Cerebral Palsy at work, possibly through Access to Work via the Jobcentre Plus.
Cerebral Palsy discrimination
Discrimination against people who have are disabled, of which Cerebral Palsy may be considered as a disability, is unlawful. If your employer refuses to assist you in the workplace or make reasonable adjustments then you may be being discriminated against. Alternatively, your employer may put in place a way of working which unreasonably prevents you from working because of your disability. This can also be a form of discrimination. In other circumstances, an Employer may directly discriminate against you by deliberately preventing you from being able to work because of your disability.
It is important to note that the Equality Act also protects people who experience discrimination because they are associated with someone who has a disability, such as their carer. Carers also have the right to request flexible working, and the right to request time off to look after dependents in an emergency.
Making a claim
If your employer does not consult with you, carry out the necessary checks and investigations and make any reasonable adjustments required, your work may suffer. In some circumstances you may find that you are dismissed on the basis that you are unable to carry out the role. If this is the case then you may be entitled to claim against your employer for disability discrimination.
There is no minimum length of employment required to bring a claim at the Employment Tribunal, but it is important to lodge your claim with ACAS within 3 months of the act of discrimination occurring. It is therefore essential that you take legal advice on your situation at an early stage and as soon as possible.
If you have been unfairly treated at work because you suffer from Cerebral, we can help. Please remember there are strict time limits in Employment claims and you should take good free legal advice as soon as possible.
In addition to No Win No Fee, Lawson-West solicitors act for our clients on a variety of other funding arrangements including Legal Expenses insurance funding. We can assess your case to decide which is the best funding option for you.
With offices in Leicester and Market Harborough our employment solicitors and lawyers can discuss your employment law claim at any of our branches. In addition, we are a national provider of expert employment law advice and welcome a free discussion with you regarding your circumstances and potential claim.
If you believe you have a situation where you require free legal advice, please contact us on telephone 0116 212 1000 or 01858 445 480, alternatively fill in the free Contact Us form and we will get in touch as soon as possible.
Cerebral Palsy useful websites:
11 Things to Know about Cerebral Palsy
