Is this discrimination?

temia

Hi my name is Tee A. I have recently been made redundant. There is a employment crisis in the industry I work with minimal shows being re commissioned meaning lack of work. I have managed to get a few interviews but when I disclose I am disabled and need to work on a hybrid based, I am told someone needed in office at all times. Is that discrimination?

Adrian_Scope

Hello @temia and a warm welcome to the community. :)

I'm sorry to hear about your situation. It's a tough time in many industries so you're definitely not alone in this. I'm not an expert and we're unable to give legal advice.

Have you asked any of the employers why they can't consider hybrid-working as a reasonable adjustment?

Disability discrimination occurs when an employer treats a disabled person unfavourably because of their disability. Employers are required to make reasonable adjustments to accommodate disabled employees, including flexible working arrangements like hybrid work.

If employers are refusing to consider your need for a hybrid work arrangement without exploring potential adjustments or reasonable accommodations, this could potentially be considered discriminatory. However, it's also important to understand that what constitutes a "reasonable adjustment" can depend on the specific circumstances, including the nature of the job and the size and resources of the employer.

Acas or DisabilityRightsUK might be better suited to giving you a definitive answer.

Good luck with your job search, let us know how you get on and I hope you find a role that accommodates your needs soon.

temia

Thank you very much for the reply and advise

MW123

@temia

If there are operational reasons that genuinely require all staff to be present in the office, and accommodating hybrid working is not feasible, an employer might argue that this requirement is legitimate. However, if you are being turned down for jobs because you need hybrid working arrangements due to a disability, this might seem discriminatory.

The determination in such cases will depend on the specifics, including the nature of your disability, the adjustments you have requested, and how willing and able the employer is to meet these needs. If you believe you have been discriminated against based on your disability, it is advisable to seek legal advice. It's important to assess whether the employer has thoroughly explored all possible reasonable adjustments and to clarify any potential misunderstandings.