Every year, on June 7th, the world comes together to observe Tourette’s Awareness Day, a day dedicated to raising awareness, fostering understanding, and promoting acceptance of those living with Tourette’s Syndrome (TS).
This day is a vital opportunity to educate the public, debunk myths, and support individuals and families affected by this often-misunderstood neurological disorder.
What is Tourette’s Syndrome?
Tourette’s Syndrome is a neurodevelopmental disorder characterised by repetitive, involuntary movements and vocalisations called tics. Named after Dr. Georges Gilles de la Tourette, who first described the condition in the 19th century.
TS typically manifests in childhood, with symptoms often appearing between the ages of 5 and 10, however, it can also develop in later life.
Tics can be motor (such as blinking, shrugging, or jerking movements) or vocal (such as grunting, throat clearing, or saying words out of context). While tics are the typical trait of TS, individuals may also experience co-occurring conditions like Attention-Deficit/Hyperactivity Disorder (ADHD), obsessive-compulsive disorder (OCD), anxiety, and learning difficulties.
Debunking myths and misconceptions
Tourette’s Syndrome is often misrepresented in the media, such as TV shows and films, leading to widespread misconceptions.
One common myth is that all individuals with TS uncontrollably shout obscenities (coprolalia). In reality, coprolalia affects only a small percentage of people with TS. Meanwhile, tics can vary widely in type and severity.
Another misconception is that people with TS can control their tics if they try hard enough. While some individuals may temporarily suppress tics, it often requires significant effort and can lead to a subsequent increase in tic frequency or intensity.
Understanding that tics are involuntary helps in fostering empathy and reducing stigma.
Tourette’s Syndrome and employment
If you have been diagnosed with Tourette’s Syndrome you will be protected by disability employment law. This means that regulations are in place to ensure you are not discriminated against at work by your employer, and if you are, a legal claim can be made.
Many people with TS work and accommodations should be made so you can lead a normal life.
Employment law – How does it work?
The Equality Act 2010 prohibits employers from discriminating against employees because of the following protected characteristics.
If an employee or employer is proven to have discriminated against you because of one of the characteristics there can be serious consequences.
- Age
- Disability
- Gender reassignment
- Marriage and civil partnerships
- Pregnancy and maternity
- Race
- Religion or belief
- Sex
Disability and employment law
It’s against the law for employers to discriminate against you because of a disability. The Equality Act 2010 protects you and covers areas including:
- Application forms
- Interview arrangements
- Aptitude or proficiency tests
- Job offers
- Terms of employment, including pay
- Promotion, transfer and training opportunities
- Dismissal or redundancy
- Discipline and grievances
Reasonable adjustments in the workplace
An employer has to make ‘reasonable adjustments’ to avoid you being put at a disadvantage compared to non-disabled people in the workplace. For example, adjusting your working hours or providing you with a special piece of equipment to help you do the job.
I have been discriminated against at work – What should I do?
If you believe that you are being treated unfairly at work because you have Tourette’s Syndrome, you may have a discrimination claim.
Please contact Oakwood Solicitors Ltd as soon as possible to speak to one of our employment advisors.
Types of discrimination
In some cases, discrimination in the workplace is not necessarily obvious. Discrimination can be presented in different forms such as the following:
- Direct Discrimination – Treating a person less favourably because of one or more Protected Characteristics.
- Indirect Discrimination – There may be a workplace provision, criterion, or practice (PCP) which is not intended to be discriminatory but which has the effect of disadvantaging employees with a particular Protected Characteristic. For example, a policy that unfairly disadvantages a group of employees with one of the Protected Characteristics.
- Harassment – Harassment occurs when an employee is subjected to unwanted conduct relating to one or more Protected Characteristic which has the purpose or effect of either violating the employee’s dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment for the employee.
- Victimisation – Victimisation means being ‘punished’ for reporting something at work that you believe is unfair such as being discriminated against.
Should I tell my employer about my concerns?
If you have been discriminated against, employees are expected to raise a grievance to resolve a work-related dispute before taking matters further.
Employees should follow the grievance procedure in their Staff Handbook. If you do not have a Staff Handbook, why not take a look at our guidance on raising a Grievance in the workplace by clicking here?
I have raised a grievance but matters have got worse as a result – What should I do?
Many claims of victimisation arise as a result of a grievance being raised. An employer may be resentful about the fact that you raised a formal complaint which may result in you being subjected to victimisation.
If you are being victimised for raising a grievance in relation to the way you are being treated at work, please contact Oakwood Solicitors Ltd to see if we can help.
How do I prove workplace discrimination?
To prove that you have been discriminated at work can be tricky, but collecting any evidence that you might have can be beneficial.
Evidence can be your own account of what happened, witness accounts as well as any documents that show that you have been subjected to discrimination.
Try to gather as much evidence as possible and keep a record of when it happened what type of discrimination you think it was, who subjected you to this treatment and the date. Also, print out or screenshot any evidence you have online, such as threatening social media messages or e-mails.
You should also make sure your employer has done everything they’re supposed to do. To do this, get copies of your contract and any internal policies on things like bullying or equal opportunities.
When it comes to witnesses, you should ask if they saw or heard what happened, and it backs up your complaint you should ask if they’re happy for you to give their name when you complain. However, you don’t have to have witnesses and your own evidence can be enough.
The team at Oakwood Solicitors can assist you in obtaining the evidence you need to make a successful claim.
Do I have to suffer repeatedly to make a claim?
The answer is no – just one instance would be enough to make a claim. For example, you could be denied your previous position (or a similar role) for no reason other than you recently returned from maternity leave.
How much compensation will I get for a successful claim?
The amount of compensation you can get will depend on the circumstances.
Some of the things considered include the following:
- Any money you’ve lost because of the discrimination – This is called financial loss and covers loss up to when you’re likely to get a new job if you’ve lost your job.
- Hurt or distress you’ve suffered because of the discrimination – This is called ‘injury to feelings’
- A personal injury – Such as depression or a physical injury, caused by the discrimination
- Particularly bad behaviour by your employer – This is called ‘aggravated damages’
Injury to feelings
If you are claiming for ‘injury to feelings’, you might need to involve further evidence such as if you saw a GP about the impact of discrimination on you or ask family and friends about how you were affected.
The minimum award for injury to feelings should be around £1,000. The most severe cases, where there has been ongoing discrimination for a long period of time can be up to £56,200.
Why should I choose Oakwood Solicitors to make my discrimination claim?
If you have been subjected to workplace discrimination, you should not have to deal with this alone. Why not contact Oakwood Solicitors Ltd today to see if we can navigate you through this difficult time.
We have a dedicated team of solicitors and paralegals who have many years’ experience between them in running cases of this nature. They are highly trained to deal with all aspects of employment law.
Further reading
Workplace discrimination – Oakwood Solicitors
Neurodiversity Celebration Week 2024 – Oakwood Solicitors
WHAT TO DO NEXT
Get in touch today for a no-obligation consultation. Choose one of the methods on the right-hand side of this page, or call us on 0113 200 9720 to find out how we can help you.
