Navigating Workplace Discrimination After an Injury
Suffering an injury at work can be traumatic, especially when it requires treatment and time off work. Some employees face another issue following a workplace injury – workplace discrimination. This can make the whole ordeal much worse, which is why it is important to understand your rights and what can be done to address this serious issue.
Understanding workplace discrimination
First, you need to have a strong understanding of workplace discrimination so that you can identify it in the workplace. Essentially, workplace discrimination is when an employee is unfairly treated due to characteristics or circumstances, such as a disability from a workplace accident. This discrimination can take many forms, such as exclusion from employee activities or being denied reasonable adjustments. The Equality Act 2010 was designed to protect employees from discrimination.
Common forms of discrimination after a workplace injury
There are a few types of discrimination that can arise after a workplace injury. The most common include:
Discrimination based on disability
Injuries can qualify as a disability if it has a substantial impact on your ability to perform daily tasks and is a long-term injury. Employees must make reasonable adjustments to accommodate, such as flexible working arrangements, so neglecting these is a form of discrimination.
Victimisation
Victimisation is when a worker is punished or treated poorly for making a complaint about workplace injuries or discrimination. There are a few ways that this can take form, including being labelled a “trouble-maker” and being excluded. This is a specific type of discrimination under the Equality Act.
Coping strategies and seeking support
Discrimination can take its toll emotionally and psychologically, so it is irritant that you know how to manage. There are a few ways to seek support, including:
Employee Assistance Programs (EAPs): EAPs can offer counselling and support services.
Trade Unions: Trade unions can provide legal advice and advocate for workers’ rights.
Legal Advice: You could seek legal advice to see if you can claim compensation for accidents at work or discrimination.
Reporting discrimination and seeking legal advice
There are a few key steps to follow if you are discriminating against at work:
Document Incidents: Keep a record of incidents, including the date, time, behavior, and any witnesses.
Internal Grievance Procedure: Your workplace will have procedures to make a formal report.
External Companies: If the issue is not handled internally, you can make a complaint to the Equality and Human Rights Commission (EHRC).
Facing discrimination after a workplace injury can be incredibly traumatic. The information in this post will help you take action so that you can resolve the issue and protect your career.
Note: This article is for information only, seek professional advice where necessary.
Top photo by Benjamin Child on Unsplash
