Disability Discrimination at Work — Your Rights Under the Equality Act 2010
Disability is one of nine protected characteristics under the Equality Act 2010. If your employer has treated you unfairly because of your disability — or failed to make adjustments for you — you may have a claim. Disability discrimination claims at Employment Tribunal rose more than 20% between 2021 and 2024. This guide explains the six types of disability discrimination, what counts as a disability, how to prove your claim, and what to do.
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What is disability discrimination at work?
The Equality Act 2010 makes it unlawful for employers to discriminate against workers because of their disability. There are six distinct types of disability discrimination (explained below). The law applies to:
- ✓Employees (including part-time and fixed-term)
- ✓Workers and agency workers
- ✓Job applicants at any stage of recruitment
- ✓Apprentices and trainees
- ✓Former employees in some circumstances (e.g. providing a reference)
The six types of disability discrimination
The Equality Act 2010 recognises six separate forms of disability discrimination. Understanding which type applies to you matters because the legal test — and what you need to prove — differs for each.
Treating you less favourably because of your disability than someone without that disability would be treated in the same or similar circumstances. Example: refusing to hire someone because they use a wheelchair. There is no justification defence for direct disability discrimination.
An employer applies a provision, criterion or practice (PCP) that applies to everyone but puts disabled people at a particular disadvantage compared with non-disabled people, and the employer cannot justify it as a proportionate means of achieving a legitimate aim. Example: a blanket policy requiring all staff to work in the office when a disabled employee needs home working as an adjustment.
Where a PCP, a physical feature of premises, or the absence of an auxiliary aid puts a disabled person at a substantial disadvantage, the employer is under a duty to take reasonable steps to avoid that disadvantage. Failure to do so is discrimination. The employer cannot justify refusal — it is either reasonable to make the adjustment or it is not.
Treating you unfavourably because of something that arises in consequence of your disability — even if the employer does not know about the disability itself. Example: dismissing an employee for a pattern of sickness absences that were caused by their disability. The employer can justify this treatment if it is a proportionate means of achieving a legitimate aim.
Unwanted conduct related to disability that has the purpose or effect of violating your dignity, or of creating an intimidating, hostile, degrading, humiliating or offensive environment. A single serious incident can amount to harassment. The conduct does not need to be directed at you — it can be general workplace behaviour that affects you.
Subjecting you to a detriment because you have done — or your employer suspects you have done or intend to do — a "protected act". Protected acts include making or supporting a complaint about disability discrimination, giving evidence in proceedings, or raising concerns in good faith. Example: being passed over for promotion after raising a disability discrimination grievance.
What counts as a disability?
Under the Equality Act 2010 (Schedule 1), a disability is a physical or mental impairment that has a substantial (more than minor or trivial) and long-term (lasting, or likely to last, 12 months or more) adverse effect on your ability to carry out normal day-to-day activities.
- ✓No formal diagnosis is required — what matters is the effect of the condition on your daily life, not the label
- ✓Automatically covered from diagnosis: cancer, HIV infection, multiple sclerosis (MS), and severe disfigurement
- ✓Registered blind and partially sighted people are automatically covered
- ✓Mental health conditions — including depression, anxiety disorders, PTSD, OCD, bipolar disorder, and eating disorders — can qualify if they are long-term and have a substantial adverse effect
- ✓Fluctuating conditions (e.g. lupus, Crohn's disease, ME/CFS) are assessed at the worst point — not how you are on a good day
- ✓Past disabilities are also protected — if you had cancer five years ago and have now recovered, you are still covered
- ✓Medication and treatment are disregarded: if medication controls your symptoms, you are assessed as if you were not taking it
How to prove disability discrimination
The burden of proof in discrimination cases is split. You must first show facts from which the tribunal could conclude that discrimination occurred. If you do that, the burden shifts to your employer to prove it did not discriminate. Practical steps to build your case:
- ✓Keep contemporaneous records: write down dates, times, locations, what was said or done, and who was present — as soon as possible after each incident
- ✓Collect documentary evidence: save emails, letters, performance reviews, meeting notes, HR correspondence, and any written responses to adjustment requests
- ✓Note comparators: how were non-disabled colleagues treated in the same or similar circumstances? Evidence of different treatment is powerful
- ✓For indirect discrimination: identify the specific provision, criterion or practice (PCP) applied by your employer and show that it puts disabled people at a particular disadvantage
- ✓For failure to make reasonable adjustments: show that your employer knew (or ought to have known) about your disability, that you requested an adjustment or it was otherwise obvious one was needed, and that the adjustment was refused or ignored
- ✓For discrimination arising from disability: link the unfavourable treatment directly to something arising from your disability (e.g. absences, medication side effects, a medical procedure)
- ✓Obtain medical evidence: a GP letter, specialist report, or occupational health report helps establish that you meet the legal definition of disability and shows the effects on your daily life
- ✓Use the statutory questionnaire procedure (now replaced by a written request for information): ask your employer targeted questions about its reasons and decision-making — evasive or inconsistent answers can support your claim
How to bring a disability discrimination claim — step by step
Compensation and remedies
Unlike unfair dismissal, there is no cap on compensation for disability discrimination. A successful claim can result in several types of award:
Lower band £1,100–£11,700: isolated or less serious incidents. Middle band £11,700–£35,200: serious cases, or where there has been a sustained campaign of discrimination. Upper band £35,200–£58,700+: the most serious cases, such as a lengthy campaign of deliberate discrimination.
Past loss of earnings from the date of the discriminatory act to the hearing. Future loss of earnings where your ability to work has been affected. Loss of pension, bonuses, and other benefits. Cost of medical treatment caused by the discrimination.
Where the employer's conduct was high-handed, malicious, or oppressive — for example, where discrimination was intentional or the employer behaved badly during the grievance or tribunal process.
The tribunal declares that your rights under the Equality Act were infringed. This is a formal finding that discrimination occurred.
The tribunal can recommend that the employer takes specific steps to reduce the adverse effect of the discrimination — for example, revising its policies, providing equality training to staff, or reconsidering you for a promotion.
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Frequently asked questions
What is the most common type of disability discrimination claim?
Failure to make reasonable adjustments is consistently the most common type of disability discrimination claim at Employment Tribunal. It arises where an employer fails to take steps to remove a substantial disadvantage faced by a disabled employee — for example, refusing a request to work from home, failing to provide adapted equipment, or not adjusting targets during a period of ill-health. You can bring this claim even if you have not been dismissed.
Can my employer dismiss me because of disability-related absences?
Not automatically. Dismissing an employee for absences caused by their disability is capable of amounting to discrimination arising from disability under section 15 of the Equality Act 2010. Your employer must show that dismissal was a proportionate means of achieving a legitimate aim — and must also have considered reasonable adjustments before dismissing. An employer who dismisses without following a fair procedure, taking medical advice, or considering alternatives is at serious risk of an employment tribunal claim.
Does my employer have to know about my disability for me to bring a claim?
It depends on the type of claim. For direct discrimination and reasonable adjustments, the employer generally needs to know (or ought reasonably to have known) about your disability. For discrimination arising from disability under section 15, the employer must know about the disability — but crucially, constructive knowledge counts: if the employer would have known had they made reasonable enquiries, that can be enough. For harassment and victimisation, knowledge of the disability is not always required. If you have a disability and your employer does not know, you should tell them (ideally in writing) to trigger their duties.
How much compensation can I get for disability discrimination?
There is no cap on compensation for disability discrimination. Awards typically include injury to feelings (using the Vento bands: £1,100–£11,700 for lower-band cases, £11,700–£35,200 for middle-band, £35,200–£58,700+ for upper-band as at April 2024) plus any financial losses such as past and future loss of earnings, loss of pension, and the cost of medical treatment. Aggravated damages can be awarded where the employer's behaviour was particularly bad. Significant cases involving sustained campaigns of discrimination or dismissal can result in awards of six figures.
What is the time limit for a disability discrimination claim?
You must start the ACAS Early Conciliation process within 3 months less one day of the act of discrimination — or the last in a series of related acts. The three-month clock is paused while Early Conciliation is ongoing. Once you receive your ACAS certificate, you have the remainder of your original time limit (or at least one month, whichever is longer) to file your ET1 claim at the Employment Tribunal. Tribunals have very limited discretion to extend this time limit and grant extensions only in exceptional circumstances. If you are near the deadline, contact ACAS immediately.