Disability Discrimination at Work and Employer Legal Duties

Disability discrimination at work occurs when an employee or job applicant is treated unfavourably because of a disability or a failure by an employer to provide legally required support. In England and Wales, the key legal framework governing workplace disability discrimination is the Equality Act 2010. This article explains what disability discrimination means in employment law, outlines employers' legal duties, describes common examples, and explains how claims can be pursued through the employment tribunal system. The goal is to present clear, accurate legal information that is understandable for non‑experts while retaining credibility for solicitors.

What Is Disability Under UK Law?

Under the Equality Act 2010, a person is classed as disabled 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. “Substantial” means more than a minor effect, and “long‑term” generally means lasting or expected to last at least 12 months. The law protects against discrimination whether the person has told their employer about their disability or the employer could reasonably be expected to know.

The legal concept of disability follows the social model, which views disability as arising from barriers society creates rather than solely from the impairment itself.

Who Is Protected at Work?

Disability discrimination provisions apply to:

• Employees and workers (including trainees and apprentices)
• Job applicants
• Contractors and self‑employed individuals personally engaged to do work
• Former employees in certain contexts (such as references)

The protections cover all stages of employment, including recruitment, terms and conditions, training, promotions, dismissals and disciplinary processes.

Types of Disability Discrimination

The Equality Act 2010 recognises multiple forms of unlawful discrimination in the workplace:

Direct Discrimination

Direct discrimination happens when someone is treated less favourably because of their disability compared to a person without that disability. For example, an employer refusing to advance a disabled employee solely because of assumptions about their capabilities would be unlawful.

Indirect Discrimination

Indirect discrimination arises when a workplace rule, policy or practice applies to everyone but disproportionately disadvantages disabled people and cannot be objectively justified in the workplace. For example, a policy requiring all employees to attend long offsite meetings without considering accessible transport or rest needs could disadvantage people with certain conditions.

Failure to Make Reasonable Adjustments

One of the most significant duties on employers under the Equality Act is the duty to make reasonable adjustments. This is a standalone obligation that applies when a workplace provision, practice or physical feature puts a disabled person at a substantial disadvantage compared with non‑disabled people. Failure to make reasonable adjustments is itself unlawful discrimination.

Harassment and Victimisation

Harassment related to disability (unwanted conduct that violates dignity or creates an offensive environment) and victimisation (treating someone unfavourably because they asserted their rights) are also prohibited under the Act.

Employer Legal Duties

1. Preventing Discrimination

Employers must ensure their workplace policies and practices do not discriminate against disabled people. They must take proactive steps to prevent discriminatory behaviour by managers, colleagues or third parties. This includes training, monitoring and having clear anti‑discrimination procedures.

2. Duty to Make Reasonable Adjustments

This duty applies when:

• The employer knows or could reasonably be expected to know that the person is disabled, and
• A provision, practice or feature puts the disabled person at a substantial disadvantage.

A “reasonable adjustment” might include:

• Changing working hours or duties
• Providing specialised equipment (e.g. ergonomic desks, screen readers)
• Altering physical features of the workplace (e.g. ramps, accessible toilets)
• Amending policies or practices to remove barriers

What is considered “reasonable” depends on factors such as cost, size and resources of the employer, and the likely effectiveness of the adjustment.

3. Supporting Disabled Staff Generally

Employers are expected to support disabled employees beyond formal legal duties by fostering an inclusive environment. This includes responding constructively to requests for adjustments, consulting the employee when considering adjustments, and reviewing arrangements regularly.

Common Examples of Disability Discrimination at Work

Failure to Adjust Recruitment Practices

An advert or job requirement that unnecessarily excludes disabled people (e.g. demanding a driving licence when the job does not genuinely require it) can be discriminatory unless objectively justified.

Inflexible Working Arrangements

Rigid attendance policies or failure to consider flexible hours can disadvantage employees with conditions that require medical appointments or rest breaks.

Not Providing Equipment or Modifications

Refusing to supply basic assistive equipment, such as screen reading software for visually impaired workers or adjustable chairs for those with back conditions, may violate the duty to make reasonable adjustments.

Ignoring Mental Health Conditions

Disability discrimination law covers both physical and mental impairments. Employers must consider adjustments for long‑term mental health conditions where barriers exist.

Making a Disability Discrimination Claim

Early Conciliation

Before an employment tribunal claim can be issued, claimants are normally required to engage in Acas Early Conciliation. This voluntary process helps the parties explore settlement without formal litigation. Failure to notify with an Early Conciliation certificate can prevent a tribunal claim. (standard UK procedure)

Time Limits

A disability discrimination claim usually must be presented to the tribunal within three months less one day from the date of the discriminatory act. For ongoing discrimination, the time limit runs from the last discriminatory act. (standard UK procedure; informed by statute)

Evidence and Burden of Proof

Once a claimant shows facts from which discrimination could be inferred, the burden of proof may shift to the employer to justify their actions or show that they complied with their duties. (standard UK evidence law)

Remedies and Compensation

Employment tribunals can award:

• Compensation for injury to feelings (for non‑financial harm)
• Financial losses (lost earnings or benefits)
• Tribunal recommendations to help prevent future discrimination. (standard UK remedies)

Compensation may reflect the employer's conduct, including failure to make reasonable adjustments. (standard UK remedies)

Practical Steps for Employees and Employers

Employees

1. Document issues: Keep detailed records of incidents, communications and requests.
2. Communicate requests: Ask for reasonable adjustments in writing.
3. Raise concerns formally: Use internal grievance procedures if informal approaches fail.
4. Use Acas Early Conciliation before issuing a tribunal claim.
5. Seek specialist advice from Citizens Advice, unions or employment law specialists.

Employers

1. Review policies to ensure they are inclusive and lawful.
2. Train managers on disability discrimination and reasonable adjustments.
3. Respond promptly to adjustment requests.
4. Consult employees when considering adjustments.
5. Keep adjustment records and review them regularly. (best practice under UK equality law)

Summary

Disability discrimination at work covers direct and indirect discrimination, harassment and failure to make reasonable adjustments. The Equality Act 2010 places clear duties on employers to prevent discrimination and to make adjustments so that disabled people are not placed at a substantial disadvantage. Claims for disability discrimination are pursued through employment tribunals subject to statutory time limits and procedural requirements.