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.
Learn the legal protections against dismissal due to disability in England and Wales. This guide covers disability discrimination under the Equality Act 2010, reasonable adjustments, tribunal claims, time limits, and remedies including compensation for discriminatory and unfair dismissal.
Being dismissed because of a disability or because your employer failed to take your disability into account can be both unlawful discrimination and, where qualifying conditions are met, unfair dismissal under UK employment law. In England and Wales, the law provides strong protections for disabled workers, recognising that disability can affect many aspects of work and that employers have duties to take reasonable steps to avoid disadvantage. This article explains the legal framework, how disability‑related dismissals are assessed, relevant tribunal processes and time limits, and practical steps employees can consider if they believe their dismissal was unlawful.
Legal Framework: Equality Act 2010
The principal legal protection against disability‑related dismissal is found in the Equality Act 2010. Under this Act, 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. Employers must not unlawfully discriminate against, harass, or victimise a disabled employee because of their disability. This protection applies across the employment lifecycle, including dismissal or redundancy.
Disability Discrimination in Dismissal
Direct and Indirect Discrimination
Dismissal may be discriminatory if the reason for dismissal is linked to the disability itself or something arising from it. This includes cases where the employer treats the disabled employee less favourably than others because of the disability or conditions flowing from it (for example, sickness absence caused by the disability). Tribunals will assess whether the unfavourable treatment was because of disability and, if so, whether it can be objectively justified as a proportionate means of achieving a legitimate aim.
For instance, dismissing an employee because they cannot meet performance targets without considering whether the disability affects their ability to meet those targets can be discriminatory if no reasonable justification exists.
Failure to Make Reasonable Adjustments
Under section 20 of the Equality Act 2010, employers must make reasonable adjustments where workplace arrangements, practices or physical features put a disabled person at a substantial disadvantage compared with others. Common reasonable adjustments include changes to working hours, modification of duties, changes to equipment, or adjustments to performance management processes.
Failing to explore and implement reasonable adjustments before dismissing a disabled employee can support a claim that the dismissal was discriminatory. For example, if an employer dismisses an employee for performance issues without considering whether adjustments (such as altered targets or environmental changes) would enable them to continue in the role, this may be unlawful.
Discrimination Arising from Disability
A related but distinct claim arises where an employee is treated unfavourably because of something arising in consequence of their disability, even if disability itself is not the reason. In these cases, the employer must show that the treatment was a proportionate means of achieving a legitimate aim. If, for example, absence related to disability results in dismissal and the employer cannot justify this approach, a tribunal may find discrimination arising from disability.
Unfair Dismissal and Disability
In addition to discrimination claims under the Equality Act, a disabled employee may also have an unfair dismissal claim under the Employment Rights Act 1996, if they meet the qualifying period of service (typically two years; subject to proposed changes reducing this to six months). Where a dismissal is due in part or whole to disability‑related issues handled unreasonably, a tribunal may find the dismissal unfair because the employer did not act reasonably in the circumstances.
Even where disability is not the overriding reason, an employer's failure to follow a fair procedure-including consulting the employee and exploring reasonable adjustments-can support an unfair dismissal claim.
Capability, Absence and Fair Procedures
Employers may consider dismissal where an employee cannot perform the inherent requirements of their job, including due to long‑term illness. However, before taking such a step, the employer should:
- Obtain medical and occupational health evidence to understand the nature and prognosis of the disability.
- Explore whether reasonable adjustments or alternative roles could enable continued employment.
- Consult fully with the employee and allow them to respond to evidence and proposals.
If these steps are not taken and the dismissal goes ahead, it may be unfair or discriminatory. Tribunals expect employers to make genuine efforts to accommodate disability before resorting to dismissal.
Reasonable Adjustments and Dismissal Decisions
Tribunals will consider whether an employer's failure to make reasonable adjustments contributed to the dismissal. For instance, an employer might need to adjust disciplinary or capability procedures (for example, allowing extended timescales or flexibility in meetings) to avoid disadvantaging a disabled person. A tribunal has noted that failing to allow extra time to appeal when required can constitute a failure to reasonably adjust, though on the facts the dismissal may still be fair.
Making adjustments is a proactive obligation. Even if the employee has not formally requested adjustments, an employer aware of the disability must consider adjustments that would remove or reduce disadvantage.
Time Limits and Tribunal Claims
Claims for disability discrimination or discrimination arising from disability must generally be presented to an employment tribunal within three months minus one day from the date of dismissal or other discriminatory act. This is a strict time limit, and claimants should initiate Acas Early Conciliation before lodging a tribunal claim.
Remedies and Compensation
If a tribunal finds discrimination related to disability, remedies may include:
- Compensation for financial loss (unpaid wages, loss of earnings).
- Injury to feelings awards (often significant in discrimination cases).
- Reinstatement or re‑engagement in certain circumstances.
Unlike ordinary unfair dismissal claims, compensation for disability discrimination is not capped, and awards can be substantial, reflecting both economic loss and the personal impact of discrimination.
Practical Examples
Recent tribunal cases illustrate the principles in action:
- A neurodivergent employee was awarded compensation partly because the employer failed to make reasonable adjustments and subjected her to humiliating conduct related to her disability.
- Tribunals have recognised that comments undermining a disabled colleague's dignity, such as labelling someone “disorganised” because of ADHD, can amount to disability discrimination.
These cases show employers must respect disability protections broadly, including behavioural standards and support measures.
Key Takeaways
Dismissal due to disability can be unlawful if the employer treats the employee unfavourably because of a disability, fails to make reasonable adjustments, or dismisses someone for something arising from their disability without objective justification. Disabled employees may bring claims under the Equality Act 2010 for disability discrimination and, where qualifying conditions apply, unfair dismissal under the Employment Rights Act 1996. Employers should conduct fair, evidence‑based processes, consult meaningfully, and explore reasonable adjustments before deciding to dismiss a disabled worker. Understanding these protections and acting promptly-within strict tribunal time limits-can help employees protect their rights and pursue appropriate remedies.
