What if I feel that I am not being treated fairly?

Not everybody has had a wholly positive experience of working with MS. Negative reactions can take many forms – some direct, and some more subtle. As the needs of people with disabilities become better understood, this situation should improve. However, the results may not be immediate.

Resistance may come in various forms: perhaps from a line manager who fears that you will be a drain on resources, or prevent targets being attained; or from colleagues who perceive that you are getting preferential treatment, or not making a full contribution to the team effort. Whatever the situation, if you have concerns about your treatment at work, you should discuss them. Informal discussions are normally the most appropriate starting point and may resolve many issues. 

What are the formal approaches I should take?

If informal approaches do not improve the situation, you should raise the issue in a more formal setting. The best person to speak to will depend on the size of the organisation. If the conversation is difficult to initiate or does not bring the results you had hoped for, you must write to your employer complaining that you are experiencing discrimination (less favourable treatment). This is known as a grievance. It must be issued within three months of the date of the discriminatory act. The employer should then arrange to meet with you to discuss the grievance. You need to attend this meeting. 

What is a Disability Questionnaire?

You should also consider issuing a Disability Questionnaire, which you can obtain from the Disability Rights Commission. This questionnaire enables you to ask questions to find out why the employer has treated you less favourably. The answers will help show whether you have experienced discrimination. The questionnaire must be issued within three months of the date of the discriminatory act and the employer has eight weeks to respond.

If you are not satisfied with the result of the grievance and questionnaire, you can issue a claim for disability discrimination in an employment tribunal. Having issued a grievance, you need to issue the claim within six months of the discriminatory act. If you have not put your grievance in writing you may not be legally entitled to make a claim.

The Disability Law Service and the Disability Rights Commission can provide information and advice on these procedures.