Employment

This page outlines very briefly employment rights under the Equality Act as from 1st October 2010. You have these rights if your stammer is a "disability" as defined, or in some cases if you are perceived to have a disability. For more detail, including cases, see Employment FAQs.

For discrimination before 1st October 2010, see this pre-Equality Act employment page. Also Which Act applies: Equality Act or DDA?

Link to BSA website:
- Employment page has guidance beyond your legal rights.

Practically anything to do with employment is covered, including recruitment, promotion, transfers, dismissals, redundancy, training or other benefits.

What is unlawful? -

Direct discrimination: Examples include simple prejudice, or probably where an employer makes stereotypical assumptions about what someone who stammers can do without looking at the person's individual abilities. The employer has no 'justification' defence.

From the 2004 Employment Code of Practice, but same should apply under Equality Act 2010:

"A man with a stammer feels he is being harassed because his manager makes constant jokes about people with speech impairments. He asks his manager to stop doing this, but the manager says he is being 'oversensitive' as he habitually makes jokes in the office about many different sorts of people. This is likely to amount to harassment ..." Para. 4.39

Discrimination arising from disability: much wider than direct discrimination, but allowing the employer a defence if he shows his actions pass an 'objective justification' test, and also subject to a 'knowledge' requirement. A related type of claim is indirect discrimination.

Failure to make reasonable adjustments: The employer's duty to make reasonable adjustments is very important - both at interviews and on the job. Tribunal cases have been brought successfully on stammering and recruitment. See Examples of reasonable adjustments, which includes the tribunal cases.

Harassment: A Code of Practice includes an example specifically on stammering here (see right).

Victimisation: Protecting people who brought or have been involved in proceedings under the Equality Act or DDA.

Some individual points:

New rules from 1st October 2010 limit pre-employment enquiries on health and disability.
Service in the armed forces is excluded from protection against disability discrimination.
If cases are not resolved internally, they can be taken to an Employment Tribunal. Conciliation through ACAS may also be possible.
The burden of proof shifts to the employer if the claimant makes out a prima facie case.
Agency workers, some self-employed people, and certain other categories who are not actually 'employed' are covered by the rules.
There is a statutory Equality Act Code of Practice on employment (pdf, link to EHRC website). It is not binding but needs to be taken into account by courts.
See sources of help and advice.

There is much more detail on employment rights on Employment FAQs, and the pages linked from it. For public authorities, the Public Sector Equality Duty as well as the normal employment rules is likely to apply.

Also people who stammer may want to watch out for the 'Two ticks' Positive about disabled people symbol. Amongst other things, employers who have signed up to it guarantee disabled people an interview if they meet the minimum criteria for the job vacancy

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Employment

Employment menu

Main pages:

Features

Types of discrimination:

Who is covered:

Disputes & liability:

Related areas

Before 1st October: