Disability Discrimination in Employment Law

Disability discrimination is a central area of UK employment law governed by the Equality Act 2010. It protects individuals who have a disability from being treated unfairly at work, during recruitment, or after employment has ended.

The law in England and Wales is designed not only to prevent direct unfair treatment but also to require employers to make reasonable adjustments and avoid workplace practices that place disabled individuals at a disadvantage. Disability discrimination claims are commonly heard in Employment Tribunals and often involve complex assessments of medical evidence, workplace practices, and employer decision-making.

Legal Definition of Disability

Under section 6 of the Equality Act 2010, a person is considered disabled if they have:

• a physical or mental impairment, and
• the impairment has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities.

Key legal concepts include:

• Substantial effect: more than minor or trivial
• Long-term effect: lasting (or expected to last) at least 12 months or likely to recur
• Normal day-to-day activities: such as mobility, communication, concentration, or manual tasks

Certain conditions, such as cancer, HIV, and multiple sclerosis, are automatically treated as disabilities from diagnosis in many cases under statutory rules and guidance.

What Counts as Disability Discrimination?

Disability discrimination in employment law covers several distinct forms of unlawful treatment:

1. Direct disability discrimination

Treating someone less favourably because of their disability.

Example: refusing to hire a qualified candidate due to assumptions about sickness absence.

2. Discrimination arising from disability (section 15 Equality Act 2010)

This occurs where:

• a disabled person is treated unfavourably because of something arising in consequence of their disability, and
• the employer cannot justify the treatment as a proportionate means of achieving a legitimate aim.

Example: dismissing an employee for performance issues caused by a disability-related condition without considering adjustments.

3. Indirect disability discrimination

A workplace rule or policy that applies to everyone but disadvantages disabled people, unless justified.

Example: requiring all staff to work fixed shifts without flexibility, disadvantaging employees with medical conditions requiring treatment schedules.

4. Failure to make reasonable adjustments

Employers must take reasonable steps to remove disadvantages faced by disabled employees or applicants.

The duty arises where a workplace rule, physical feature, or lack of support places a disabled person at a substantial disadvantage compared to non-disabled people.

Examples include:

• flexible working arrangements
• modified duties
• assistive equipment or software
• adjusted recruitment processes

5. Harassment and victimisation

• Harassment: unwanted conduct related to disability
• Victimisation: unfair treatment because someone raised or supported a discrimination complaint

The Duty to Make Reasonable Adjustments

The reasonable adjustment duty is one of the most important protections in disability discrimination law.

Employers must consider adjustments where a disabled person is placed at a substantial disadvantage by:

• workplace policies (PCPs)
• physical features of premises
• lack of auxiliary aids or support

The employer must take steps that are reasonable in all the circumstances, balancing effectiveness, cost, and operational impact.

Tribunals assess reasonableness objectively, often considering:

• size and resources of the employer
• practicality of the adjustment
• impact on business operations
• effectiveness in removing disadvantage

Who Is Protected?

Protection applies to:

• Employees (full-time, part-time, permanent, or fixed-term)
• Workers, including agency and casual staff
• Job applicants
• Apprentices and trainees
• Some former employees in specific circumstances

Protection applies regardless of whether the employer intended to discriminate.

Knowledge Requirement

In many disability discrimination claims, employer knowledge is relevant:

• The employer must usually know, or reasonably be expected to know, that the person is disabled
• In reasonable adjustment claims, the employer must also know about the disadvantage suffered

Once aware, employers are expected to take proactive steps rather than wait for formal requests.

Employment Tribunal Process

Disability discrimination claims are typically brought to an Employment Tribunal.

Step 1: ACAS Early Conciliation

Mandatory before submitting a claim, involving potential settlement discussions.

Step 2: ET1 claim form

Sets out allegations and legal basis.

Step 3: Employer response (ET3)

Employer sets out defence and justification.

Step 4: Evidence stage

Includes:

• medical reports
• HR records
• emails and internal communications
• witness statements

Step 5: Hearing and decision

A tribunal judge (and sometimes panel members) determines liability and remedies.

Time Limits

Claims must generally be brought within:

• 3 months minus 1 day from the discriminatory act

For ongoing discrimination, time may run from the last act in a continuing series.

ACAS Early Conciliation pauses limitation periods.

Remedies for Disability Discrimination

If a tribunal finds discrimination, it may award:

Compensation

• Financial loss (including lost earnings)
• Injury to feelings (Vento bands)
• Possible future loss of earnings

Other remedies

• Declarations that discrimination occurred
• Recommendations for workplace improvements

Common Workplace Examples

Disability discrimination claims often arise in situations such as:

• failure to adjust workload for medical conditions
• disciplinary action linked to disability-related absence
• refusal of flexible working without justification
• lack of accessible recruitment processes
• inappropriate assumptions about capability
• failure to engage with occupational health advice

Employer Defences

Employers may defend claims by showing:

• the treatment was justified (where legally permitted)
• reasonable adjustments were made
• they did not know and could not reasonably have known about the disability
• performance issues were unrelated to disability

In “discrimination arising from disability” claims, justification is a key defence.

Key Legal Principles

• Disability discrimination law focuses on impact, not intention
• Employers have a positive duty to make adjustments
• Knowledge and awareness are often central issues
• Tribunals apply a fact-sensitive, case-by-case approach
• Medical evidence is important but not always decisive

Key Takeaways

Disability discrimination in employment law under the Equality Act 2010 protects individuals with physical or mental impairments that have a substantial and long-term impact on daily activities. It covers direct discrimination, discrimination arising from disability, indirect discrimination, failure to make reasonable adjustments, harassment, and victimisation. Employers must actively consider adjustments and avoid unfavourable treatment linked to disability. Claims are decided by Employment Tribunals based on evidence, legal tests, and justification arguments, with remedies including compensation and workplace remedies.