Long‑Term Illness and Disability Discrimination Law

Long‑term illness and disability discrimination law protects people in the workplace who are disadvantaged because of a health condition that meets the legal definition of a disability. Under the Equality Act 2010, employers must not discriminate against disabled employees or job applicants and must take positive steps to remove workplace barriers. This article explains the legal framework, how long‑term illness is treated as a disability, employer duties (including reasonable adjustments), the process for bringing a claim to an employment tribunal, time limits, potential risks, and common questions.

What Counts as a Disability or Long‑Term Illness?

For the purposes of discrimination law, 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. “Substantial” means more than minor or trivial, and “long‑term” means it has lasted, or is likely to last, at least 12 months or for the rest of a person's life. This can include recurrent or fluctuating conditions such as arthritis or depression. Certain conditions - including cancer, HIV and multiple sclerosis - are automatically treated as disabilities from diagnosis.

A long‑term illness such as chronic pain, diabetes, or a recurring mental health condition can become a disability under this test if it meets the statutory criteria. The focus is on the effect on everyday activities, which may include work‑related tasks such as concentrating, standing, walking, communicating, or managing stress.

Types of Disability Discrimination

The Equality Act 2010 prohibits several forms of discrimination connected to disability, including:

Direct Discrimination

Direct discrimination occurs where someone is treated less favourably because of their disability compared with someone without that disability. For example, being passed over for a promotion solely because of long‑term health issues could be direct discrimination.

Discrimination Arising From Disability

This applies when a person is treated unfairly because of something that results from their disability - such as repeated absence due to illness or the need for adjustments - and the treatment cannot be objectively justified. This form of discrimination does not require a direct comparison with another person.

Indirect Discrimination

A workplace rule or policy that applies to everyone but disproportionately disadvantages employees with long‑term illnesses may be indirect discrimination unless the employer can show it is a proportionate means of achieving a legitimate aim. For example, rigid attendance targets without flexibility could indirectly discriminate against employees with chronic conditions.

Harassment or Victimisation

Unwanted conduct related to a disability that violates dignity or creates a hostile environment can amount to harassment. Victimisation occurs when someone is treated unfavourably because they have made or supported a discrimination claim or complaint.

Employer Duties: Reasonable Adjustments

One of the most important legal protections for people with long‑term illness is the duty to make reasonable adjustments. Employers must take proactive steps to remove or reduce disadvantage experienced by disabled employees. This duty arises when an employer knows, or could reasonably be expected to know, that a worker is disabled and is placed at a substantial disadvantage compared with non‑disabled workers.

Examples of Reasonable Adjustments

Reasonable adjustments can include:

• Flexible working arrangements, such as altered hours or staged returns from long‑term sick leave.
• Modifying tasks or duties to accommodate reduced capacity.
• Providing auxiliary aids or support, such as specialised equipment, software, or additional breaks.
• Adjusting workplace policies or practices that prevent disadvantage.

There is no fixed list of adjustments - what is reasonable depends on the employee's needs, the employer's size and resources, and the nature of the workplace. A tribunal will consider whether the steps taken were practical and proportionate to removing the disadvantage.

Importantly, employers are not required to speculate about adjustments, but they must engage with the employee to understand what changes might help. An employer cannot charge the employee for the cost of adjustments.

How Long‑Term Illness Interacts With Legal Rights

Long‑term illness can affect many aspects of employment, including recruitment, promotion, performance management, sickness absence, and dismissal. The Equality Act protects against discrimination at every stage of the employment relationship and also covers job applicants and former employees when issues such as references arise.

Sickness Absence and Capability Issues

Employees on long‑term sick leave may be at risk of capability procedures or dismissal if they are unable to return to work. However, decisions about absence or capability must account for disability discrimination duties. If the absence or reduced capability is connected to a disability, the employer may need to consider adjustments or alternative work before taking adverse action.

Bringing a Claim to an Employment Tribunal

If an employee believes they have been discriminated against because of a long‑term illness or the employer failed to make reasonable adjustments, they may bring a claim to an employment tribunal. The usual steps and requirements include:

ACAS Early Conciliation

Before lodging a tribunal claim, the claimant must notify ACAS and engage in early conciliation. This process aims to resolve issues without formal litigation.

Time Limits

A claim must generally be presented within three months less one day of the last act of discrimination. Early conciliation can “pause” this time limit while discussions are ongoing.

Evidence and Process

Claimants should gather evidence of the long‑term illness, how it affects their work, and any requests for adjustments made. Tribunals will assess whether the employer knew of the disability or ought reasonably to have known, whether the employer failed in its duties, and whether any unfavourable treatment was justified.

Possible Remedies

If successful, an employment tribunal can award compensation for financial loss (such as lost earnings) and injury to feelings, which reflects the non‑economic impact of discrimination. There is no statutory cap on awards for disability discrimination claims in the same way there is for some unfair dismissal awards.

Practical Steps for Employees

Employees with long‑term illness should:

• Disclose their condition to their employer when appropriate, so protections and adjustments can be considered.
• Document communications, medical evidence, adjustment requests, and responses.
• Engage in discussions about reasonable adjustments and collaborate on solutions.
• Seek advice from HR, trade unions, Citizens Advice, or legal advisers before escalating issues.

Approaching the matter in a structured way can help secure appropriate support and strengthen any later legal claim.

Practical Steps for Employers

Employers should:

• Maintain and communicate clear policies on equality, disability and reasonable adjustments.
• Train managers to recognise and respond appropriately to long‑term illness and disability issues.
• Consult with employees about their needs and tailor adjustments accordingly.
• Document decisions, adjustments and reviews to show compliance with legal duties.

Proactive approaches reduce legal risk, improve retention, and foster inclusive workplaces.

Common Questions

Is a long‑term illness always a disability?
Not always. The condition must have a substantial and long‑term adverse effect on normal activities. However, many chronic conditions that persist for 12 months or longer will meet this test.

Do employers have to make every adjustment requested?
Employers only have to make adjustments that are reasonable, considering cost, practicality and disruption. They should engage with the employee to identify appropriate options.

Does constructive knowledge count?
Yes. An employer may be taken to know about a disability if information from medical reports, long‑term sickness records, or return‑to‑work discussions would reasonably inform them of the condition.

Summary

Long‑term illness and disability discrimination law under the Equality Act 2010 protects employees and job applicants in England and Wales from unfavourable treatment related to health conditions that have a substantial and lasting effect on daily life. Employers must not discriminate directly or indirectly and are under a positive duty to make reasonable adjustments where necessary. Claims for discrimination and failure to make adjustments can be brought to an employment tribunal, subject to strict time limits and procedural steps such as ACAS early conciliation. Understanding legal rights, engaging constructively with adjustments, and documenting processes can help both individuals and employers ensure compliance and resolve disputes effectively.