This guide is maintained as a current resource for July 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Disability discrimination employer obligations explained under the Equality Act 2010, including reasonable adjustments, legal duties, recruitment requirements, tribunal claims, and employer liability in England and Wales.
Disability discrimination in employment is governed primarily by the Equality Act 2010. It imposes legal duties on employers to prevent disabled workers and job applicants from being treated unfavourably and to take positive steps to remove workplace disadvantages.
A central feature of this legal framework is the duty to make “reasonable adjustments”. Failure to comply with this duty is itself a form of discrimination, even where there is no intention to treat someone unfairly.
This article explains employer obligations, how disability discrimination is defined, and the practical legal standards applied by Employment Tribunals in England and Wales.
Legal Definition of Disability and Protection
Under the Equality Act 2010, a person is considered 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
This definition is intentionally broad and includes conditions such as mobility impairments, sensory disabilities, long-term health conditions, and many mental health conditions.
Protection applies to:
- employees
- workers and contractors
- job applicants
- apprentices and trainees
Equality Act 2010 prohibits disability discrimination across recruitment, employment terms, promotion, dismissal, and workplace conduct.
What Counts as Disability Discrimination in Employment
Disability discrimination can occur in several forms:
1. Direct discrimination
Treating someone less favourably because of their disability, such as refusing employment or promotion due to a condition.
2. Indirect discrimination
Applying a rule or policy that disadvantages disabled people more than others, without objective justification.
3. Discrimination arising from disability
Treating someone unfavourably because of something connected to their disability, such as sickness absence linked to a condition.
4. Failure to make reasonable adjustments
A separate and important category where an employer fails to remove workplace disadvantages for a disabled person.
Employer Duty to Make Reasonable Adjustments
The most significant legal obligation is the duty to make reasonable adjustments. Employers must take steps to remove or reduce disadvantages faced by disabled workers.
This duty applies where a disabled person is placed at a substantial disadvantage due to:
- workplace policies or practices
- physical features of the workplace
- lack of auxiliary aids or support
Examples of reasonable adjustments
Reasonable adjustments are tailored to individual needs and may include:
- flexible or reduced working hours
- adjusted duties or responsibilities
- specialist equipment or software
- remote or hybrid working arrangements
- changes to physical workspace layout
- phased return after sickness absence
- adjustments to performance targets or absence triggers
The duty is not limited to identical treatment. Employers must ensure disabled employees are not placed at a disadvantage compared with non-disabled colleagues.
When Employers Must Act
An employer may be required to consider adjustments when:
- they know an employee is disabled
- they could reasonably be expected to know
- an employee requests adjustments
- performance, attendance, or conduct issues may be disability-related
Once the duty applies, employers are expected to take proactive steps rather than wait for formal complaints.
What Is “Reasonable” in Law
The law does not require employers to make every possible adjustment. The obligation is limited to what is “reasonable” in the circumstances.
Factors considered include:
- effectiveness in removing disadvantage
- practicality of implementation
- cost and financial resources of the employer
- size and structure of the organisation
- impact on other staff
- health and safety considerations
Employers are not required to change the fundamental nature of a job, but must explore workable alternatives before concluding that an adjustment is not possible.
Recruitment and Employment Process Obligations
Employer duties apply at all stages of employment, including recruitment.
Employers must ensure disabled applicants are not disadvantaged in:
- application processes
- interviews and assessments
- testing procedures
- job offers and onboarding
This may include adjusting interview formats, providing additional time, or changing assessment methods.
Failure to make adjustments during recruitment can result in tribunal claims.
Employer Policies and Workplace Systems
Compliance typically requires employers to maintain:
- disability and equality policies
- procedures for requesting adjustments
- grievance and complaint mechanisms
- documentation of adjustment decisions
- manager training on disability rights
Employment Tribunals often examine whether policies were implemented in practice, not just written formally.
Employer Liability and Legal Consequences
Employers may face liability where:
- discrimination occurs directly or indirectly
- reasonable adjustments are not made
- harassment or victimisation occurs
- employees are dismissed or penalised due to disability-related issues
Claims are brought in the Employment Tribunal and can result in:
- compensation for financial loss
- injury to feelings awards
- recommendations for workplace changes
- reputational damage
Failure to make reasonable adjustments is one of the most common grounds of disability discrimination claims.
Time Limits and Tribunal Process
Key procedural rules include:
- claims must usually be brought within 3 months less one day of the discriminatory act
- Acas Early Conciliation is required before submitting a tribunal claim
- multiple acts may be treated as part of a continuing course of conduct
Legal analysis often focuses on whether the employer acted reasonably once they became aware of the disability and disadvantage.
Common Employer Failures
Frequent compliance issues include:
- ignoring adjustment requests
- relying on informal or inconsistent practices
- failing to review whether adjustments are effective
- dismissing employees without considering adjustments
- treating disability-related absence as misconduct
- lack of manager training on legal duties
Such failures significantly increase exposure to tribunal claims.
Interaction with Capability and Dismissal
Employers may manage performance or attendance issues, but they must first consider:
- whether disability is affecting performance
- whether reasonable adjustments could resolve the issue
- whether dismissal is proportionate after adjustments
A dismissal without proper consideration of adjustments may be unlawful.
Key Takeaways
Disability discrimination law in England and Wales requires employers to avoid unfavourable treatment and actively remove workplace barriers. The most important obligation is the duty to make reasonable adjustments, which applies across recruitment, employment, and dismissal processes. Employers must act proactively, assess individual needs, and implement practical solutions where reasonable. Failure to comply can lead to Employment Tribunal claims and significant financial liability.
