Harassment of disabled workers

In 2011, 7.1 million workers (around one in five) between the ages of 16 and 64 had a long-term disability. Employment rates for disabled people vary depending on their condition, but according to the 2011 Labour Force Survey, the figures are worst for people with severe learning difficulties (12% in work), mental illnesses or nervous disorders (14.2% in work) and depression or anxiety (27.2% in work).

In 2008, the British Workplace Behaviour Survey of nearly 4,000 workers found that, even before the recession, disabled people and those with long-term ill health faced higher levels of hostile and negative treatment in the workplace than non-disabled workers. The survey found experiences ranging from low expectations to violence. A quarter (25%) of workers with a disability or long-term illness said someone was continually checking up on them and their work when it was not necessary, compared with 19.4% of people without a disability or long-term illness. Nearly a fifth (19.3%) were pressured to work below their level of competence (compared with 13.5% of the non-disabled); 22.5% said they had been subject to persistent unfair criticism of their performance, compared with 13.4% of the non-disabled, 13.4% said they had been humiliated or ridiculed in connection with work (compared with 8.7% of the non-disabled); a shocking 11.6% said they had suffered actual physical violence at work (compared with 5.5% without a disability) and 8.8% were injured as a result of violence or aggression at work (compared with 4.7% of non-disabled workers).

In 2009, the EHRC launched a formal inquiry into the actions of public authorities to eliminate disability-related harassment and its causes. Its report, Hidden in plain sight, was published in 2011. It looked at harassment in wider society, beyond the sphere of employment, and found that “for many disabled people, harassment is a commonplace experience”, which many have come to accept as “inevitable”. It identified as the key challenge, “to transform the way disabled people are viewed, valued and included in our society”. The report calls for frontline staff to receive proper training to understand disability equality and the needs of disabled service users.

There were 7,200 claims accepted by the employment tribunal for disability discrimination in 2010-11. Like other forms of statutory discrimination and harassment, these cases represent the tip of the iceberg. The median award was £6,142.