Disability Discrimination in the Workplace UK: Your Rights Under the Equality Act

Disability is one of the most complex protected characteristics in UK employment law — and one where employer ignorance of their legal duties is widespread. If you have a disability and have been treated unfairly at work, you have substantial protections.

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What Is a "Disability" Under the Equality Act?

Under section 6 of the Equality Act 2010, a person has a disability if they have:

"A physical or mental impairment that has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities."

Key elements of the definition:

• Physical or mental impairment — this includes physical conditions, mental health conditions, and learning disabilities. The condition does not need to be diagnosed to qualify.
• Substantial — more than minor or trivial effect
• Long-term — has lasted or is expected to last at least 12 months, or for the rest of the person's life
• Day-to-day activities — things like walking, using a computer, concentrating, or managing personal care

Automatic Qualifications

Certain conditions are automatically deemed disabilities under the Act, regardless of whether the impairment currently has a substantial adverse effect:

• Cancer (from the point of diagnosis)
• HIV (from the point of diagnosis)
• Multiple Sclerosis (from the point of diagnosis)
• Severe disfigurement (with some exceptions)

Mental Health

Mental health conditions — including depression, anxiety, PTSD, eating disorders, and bipolar disorder — can qualify as disabilities. The fact that symptoms may fluctuate does not prevent the condition from qualifying if it is long-term.

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Forms of Disability Discrimination

1. Direct Discrimination

Treating someone less favourably because of their disability or because of disability-related characteristics.

Example: Refusing to hire someone because they use a wheelchair.

2. Indirect Discrimination

Applying a rule or policy that, while applying to everyone, puts disabled people at a particular disadvantage — unless objectively justified.

Example: Requiring all employees to work from the office five days a week, which disadvantages employees with chronic conditions that benefit from home working.

3. Harassment

Unwanted conduct related to disability that violates dignity or creates an intimidating, hostile, or humiliating environment.

Example: Mocking a colleague's anxiety or making derogatory comments about someone's mental health condition.

4. Victimisation

Treating someone badly because they have raised a disability discrimination complaint or supported someone else in doing so.

5. Discrimination Arising from Disability

Treating someone unfavourably because of something arising in consequence of their disability — even if the treatment is not directly related to the disability itself.

Example: Dismissing an employee for absences that are caused by their disability.

This form of discrimination can be justified if the employer shows it is a proportionate means of achieving a legitimate aim — but the bar is high.

6. Failure to Make Reasonable Adjustments

This is the most important form of disability protection and is unique to disability among the protected characteristics.

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The Duty to Make Reasonable Adjustments

Under sections 20–21 of the Equality Act, employers must make reasonable adjustments for disabled employees and job applicants. This is a proactive duty — your employer should anticipate and make adjustments even if you do not ask for them.

The duty arises in three situations:

1. Where a provision, criterion, or practice puts a disabled person at a substantial disadvantage compared to non-disabled people
2. Where a physical feature of the premises causes substantial disadvantage
3. Where providing an auxiliary aid or service would remove or reduce the disadvantage

What Counts as Reasonable?

"Reasonable" depends on factors including:

• The effectiveness of the adjustment in removing the disadvantage
• The cost of the adjustment relative to the employer's resources
• The practicality of the adjustment
• Any disruption caused to the employer's operations

Examples of adjustments that have been found reasonable:

• Allowing flexible start/finish times for someone with a condition affected by medication
• Providing a more ergonomic workstation
• Permitting working from home
• Transferring to a ground floor office
• Adjusting performance targets during a period of ill-health
• Additional paid or unpaid sick leave
• A phased return to work after illness
• Allocating some duties to another employee temporarily

Cost alone does not justify refusing an adjustment if it would otherwise be effective and practicable.

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What to Do If You Are Being Discriminated Against

1. Document everything — dates, what was said or done, witnesses, any impact on your health or employment
2. Notify your employer of your disability — the duty to make adjustments only applies once your employer knows or ought reasonably to know about your disability
3. Request reasonable adjustments in writing — state what you need and why
4. Raise a grievance if your requests are refused or ignored
5. Contact ACAS for Early Conciliation before making a tribunal claim

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Employment Tribunal Claims

Disability discrimination claims are brought in the Employment Tribunal:

• No minimum service period required
• Time limit: 3 months minus 1 day from the act complained of
• Compensation is uncapped
• Includes financial losses, injury to feelings (Vento bands), and potentially aggravated damages

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Key Takeaways

• A disability is a physical or mental impairment with a substantial, long-term effect on day-to-day activities
• Mental health conditions can qualify as disabilities
• Cancer, HIV, and MS are automatically treated as disabilities from diagnosis
• Employers must make reasonable adjustments proactively — not just when asked
• Discrimination arising from disability (e.g. absence management) is unlawful unless justified
• Tribunal claims are uncapped and require no minimum service period