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Employement Law

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Submitted By KMcK11
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Pages 10
Introduction
The aim of this paper is to forward legal advice to Ms Kalinda Sharma with regards to her rights in relation to her employment with Florrick Designs. It will also provide her with advice as to what action she should be in place to take, in accordance with her grievances with the employer which include discrimination on the grounds of no reasonable adjustments being made as to her disability, as well as direct discrimination on the basis that disability.
Preliminary Issues
Firstly it will be necessary to establish Ms Sharma as an employee. Article 3 of the Employment Rights (NI) Order 1996 defines an employee as an individual who works under a contract of employment. Although this does not give an extensive insight as to her status, it can also be inferred from her considerable employment with Florrick Designs over 12 years, that she is indeed an employee.
It has already been established and is recognised that Ms Sharma is disabled within the definition of the Disability Discrimination Act 1995 (hereafter DDA 1995). It must also be established that the employer was aware of the disability of the claimant and that it left her at a substantial disadvantage in comparison to her non-disabled colleagues with regards to retaining employment. This should not be an issue here, due to the fact that Ms Sharma has worked at Florrick Designs for 12 years and was employed there when her accident occurred which resulted in the disability. She also had to take two years off on leave due to the injury sustained, so it would be incomprehensible for the employer not to be fully aware.
Lastly, it is important to note that the burden of proof will lie with Ms Sharma. In other words it will be up to her to show that she has in fact suffered in the aforementioned respects, and that the employer has discriminated against her.

Issues and Grounds of Action
Section…...

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