Disability discrimination at work is unlawful under the Equality Act 2010. Direct discrimination, indirect discrimination, harassment and victimisation apply to disability, and two further types apply to disability alone: discrimination arising from disability and failure to make reasonable adjustments. Before you make a claim to an employment tribunal, you must tell Acas.
Key points
✓Two types of discrimination apply to disability alone: discrimination arising from disability and failure to make reasonable adjustments.
✓You do not need a medical diagnosis, as long as you can still show a substantial and long-term adverse effect on your day-to-day activities.
✓Cancer, HIV infection and multiple sclerosis are each a disability under Schedule 1 of the Act.
✓An effect that comes and goes can still count, because an effect that is likely to recur is treated as continuing.
✓Past disability is covered too: the Act applies to a person who has had a disability as it applies to a person who has one.
What is disability discrimination at work?
An employer must not discriminate against a job applicant in the arrangements it makes for deciding to whom to offer employment, as to the terms on which it offers employment, or by not offering employment. It must not discriminate against an employee as to their terms of employment, in the way it affords access to opportunities for promotion, transfer or training, by dismissing them, or by subjecting them to any other detriment. A duty to make reasonable adjustments applies to an employer.
At work, the law protects:
✓Yes: Employees and workers
✓Yes: Contractors and self-employed people hired to personally do the work
✓Yes: Job applicants
✓Yes: Former employees, usually around providing references
Disability discrimination can happen in any aspect of work. It could be a regular pattern of behaviour or a one-off incident, and it can happen in the workplace, at work social events or when people are working remotely.
The Equality Act 2010 does not apply to Northern Ireland.
The six types of disability discrimination
Two of these types, failure to make reasonable adjustments and discrimination arising from disability, are unique to disability. The rest apply to every protected characteristic, disability included.
Type
Law
What it means
Direct discrimination
Section 13
Being put at a disadvantage or treated less favourably because you are disabled, because you have a connection with someone who is disabled, or because someone else thinks you are disabled when you are not. Example: an employer withdraws a job offer after the candidate tells it about their disability, then offers the job to someone who is not disabled. If the reason was the disability, that is direct discrimination.
Indirect discrimination
Section 19
A working practice, policy or rule that applies to everyone but puts a person or group at a disadvantage because of their disability, where the employer cannot show it to be a proportionate means of achieving a legitimate aim. Example: a factory policy gives everyone a lunch break at the same time with no other breaks, an employee with type 1 diabetes sometimes needs snacks between meals, and the employer will not change the policy. That is indirect discrimination.
Failure to make reasonable adjustments
Sections 20 and 21
Where a provision, criterion or practice, or a physical feature, puts a disabled person at a substantial disadvantage compared with persons who are not disabled, the employer must take such steps as it is reasonable to have to take to avoid the disadvantage. Where a disabled person would, but for an auxiliary aid, be put at that disadvantage, it must take such steps as it is reasonable to have to take to provide the aid. An employer discriminates against a disabled person if it fails to comply with that duty to make reasonable adjustments. What is reasonable depends on each situation. Example: an employee who cannot work as quickly as others asks for a slightly reduced workload as a reasonable adjustment and the employer refuses. That is likely to be a failure to make reasonable adjustments.
Discrimination arising from disability
Section 15
Discriminating because of something that results from a disability, not because of the disability itself. Examples are absence from work because of regular hospital appointments, a change in behaviour because of medication, needing regular rest breaks or toilet breaks, and having an assistance dog. It does not need a comparison with how other people are treated. The employer has a defence if it shows the treatment is a proportionate means of achieving a legitimate aim, or that it did not know, and could not reasonably have been expected to know, that you had the disability. Example: an employee with cancer who needs time off for hospital treatment gets a warning under the company's absence procedure, which means they cannot apply for promotion. This could be discrimination arising from disability, and the company could have recorded these absences differently.
Harassment
Section 26
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 for you. In deciding whether conduct has that effect, each of the following must be taken into account: your perception, the other circumstances of the case, and whether it is reasonable for the conduct to have that effect. Example: a person hears colleagues making offensive comments about someone with a learning disability. The behaviour is not aimed at them, but it could still be harassment if it has created a hostile environment for them at work.
Victimisation
Section 27
Being subjected to a detriment because you have done a protected act, or because your employer believes you have done, or may do, a protected act. Protected acts include bringing proceedings under the Act, giving evidence or information in connection with proceedings, doing any other thing for the purposes of or in connection with the Act, and making an allegation that a person has contravened the Act. A false allegation made in bad faith is not a protected act. Ways of being victimised include being labelled a troublemaker, being left out, or not being allowed to do something.
Section 13 says an employer does not discriminate against someone who is not disabled only because it treats disabled people more favourably than it treats them. In certain circumstances an employer might be able to make or justify a decision based on disability, for example through positive action, objective justification, an occupational requirement or a disability discrimination exemption.
What counts as a disability?
Under section 6 of the Equality Act 2010, you have a disability if you have a physical or mental impairment, and the impairment has a substantial and long-term adverse effect on your ability to carry out normal day-to-day activities. Substantial is more than minor or trivial. An effect is long-term if it has lasted for at least 12 months, is likely to last for at least 12 months, or is likely to last for the rest of your life. For work cases, references to your ability to carry out normal day-to-day activities are taken as including your ability to participate fully and effectively in working life on an equal basis with other workers.
These count:
✓Yes: You do not need a medical diagnosis, as long as you can still show a substantial and long-term adverse effect on your day-to-day activities
✓Yes: Cancer, HIV infection and multiple sclerosis are each a disability
✓Yes: Being certified as blind, severely sight impaired, sight impaired or partially sighted by a consultant ophthalmologist makes you deemed to have a disability
✓Yes: A severe disfigurement is treated as having a substantial adverse effect on your normal day-to-day activities
✓Yes: A progressive condition counts as soon as it starts to affect your normal day-to-day activities, as long as this is likely to be long-term, and the effect does not have to be substantial as long as it is likely to become substantial in the future
✓Yes: Effects that come and go can still count: an impairment is treated as continuing to have a substantial adverse effect if that effect is likely to recur
✓Yes: A past disability is covered: the Act applies to a person who has had a disability as it applies to a person who has one
✓Yes: Poor mental health could be considered a disability, even if you do not have symptoms all the time
The law says to discount the effects of any medication, aids or treatment when considering whether someone has a disability. The exception is wearing glasses or contact lenses.
It is not possible to give an exhaustive list of all conditions or impairments that might be classed as a disability, so in most situations it is best to look at how a condition affects someone, rather than what the condition is. There are special rules for recurring or fluctuating conditions, for example arthritis, and GOV.UK has guidance on conditions the disability definition does not cover, for example addiction to non-prescribed drugs or alcohol. Nobody has to tell their employer that they are disabled. Employees are still protected from discrimination if their employer could reasonably be expected to know they have a disability. Being neurodivergent, including ADHD, autism, dyslexia and dyspraxia, will often amount to a disability under the Equality Act 2010, even if the person does not consider themselves to be disabled.
How to prove disability discrimination
If there are facts from which a tribunal could decide, in the absence of any other explanation, that your employer contravened the Act, the tribunal must hold that the contravention occurred. That does not apply if your employer shows that it did not contravene the Act.
Acas suggests:
Keep a diary or record of what happened, how it made you feel, the dates and times, any evidence such as emails or screenshots of social media posts, and any witnesses
Use a question and answer process: send your employer a statement explaining what happened and ask them any questions you have, at any time
Make your complaint as soon as possible, though your employer should still take it seriously if you complain a long time after an incident
If an employer does not agree that you have a disability, it should listen when you talk about the effect on your normal day-to-day activities, which may include what would happen if you stopped any medication or treatment. It should also consider any medical advice, for example an occupational health report or a medical report from your doctor, and it must get your permission to access these.
How to bring a disability discrimination claim, step by step
1
Raise the problem with your employer
It is usually best to raise the problem informally first. You can raise a grievance if you have already tried to resolve things informally but it did not work, or you feel the situation is too serious to be resolved informally. At an employment tribunal, the judge will usually expect you to show that you tried to resolve the dispute yourself. If you do not, it could affect how much compensation you get if your claim is successful.
2
Tell Acas about your claim
Before you make a claim to an employment tribunal, you must tell Acas. It will offer you early conciliation, which is voluntary. Early conciliation can last up to 12 weeks. If early conciliation does not work or you choose not to take part, Acas will send you an early conciliation certificate. You will usually need a certificate for each respondent before you make a claim.
3
Make your claim to the tribunal
You do not have to pay a fee to make a claim to an employment tribunal. You can claim online using your Acas early conciliation certificate numbers, or by post using a claim form. If a disability or health condition could affect you taking part in a hearing, you can let the tribunal know you will need reasonable adjustments, when you make your claim or at any time during the case.
4
Reply and preliminary hearing
The respondent usually has to reply to your claim in writing within 28 days of getting your claim form. You may be asked to go to a preliminary hearing, in person or by phone or video, where the judge decides things like whether part or all of your claim can go ahead, the date and time of a hearing, how long the hearing should take and how you and the respondent will need to prepare.
5
Share documents and organise witnesses
You have to share any relevant documents with the respondent and the tribunal, even if they do not help your case, and the respondent has to do the same. Usually the tribunal issues an order setting out a timetable for when you should share documents before the hearing. You can bring witnesses to the hearing if they can give evidence directly relevant to your case. You will most likely be responsible for paying the witness's expenses.
6
The hearing and the decision
You present your case to the tribunal, and someone else can do this for you, for example a lawyer, friend or family member. You normally give evidence first, unless your case is about unfair dismissal. You will be sent the decision a few days or weeks after the hearing, and it will be published on GOV.UK.
If your problem happened on or after 1 October 2026, you have 6 months minus 1 day for most claims. If it happened before 1 October 2026, you have 3 months minus 1 day for most claims. For discrimination, your time limit starts from the most recent date of discrimination you are including in your claim. When you notify Acas, your time limit is paused until early conciliation ends, as long as you notify Acas within your time limit. Once you receive your certificate, you will have at least one month left to make your claim. Going through grievance, disciplinary or appeal procedures does not change your time limit. If your time limit has passed, you can still make a claim to an employment tribunal, but it is up to the judge to decide whether to accept it, and in most cases time limits are strictly enforced. If you need to work out your exact time limit, you might need to get legal advice.
Compensation and remedies
The Home Office tells employers that if a discrimination claim is upheld, the tribunal will normally order the employer to pay compensation, for which there is no upper limit. The amount of compensation corresponds to the amount a county court or the sheriff could award.
Remedy
What the Act and guidance say
Declaration
An employment tribunal that finds a contravention may make a declaration as to the rights of you and your employer in relation to the matters in the case.
Compensation
The tribunal may order your employer to pay you compensation. An award of damages may include compensation for injured feelings, whether or not it includes compensation on any other basis.
Recommendation
The tribunal may recommend that within a specified period your employer takes specified steps to obviate or reduce the adverse effect on you. If the employer fails without reasonable excuse to comply, the tribunal may increase the compensation or, if none was ordered, make an order.
For claims presented on or after 6 April 2026, the Vento bands for injury to feelings are:
Band
Range
Cases
Lower
£1,300 to £12,600
Less serious cases
Middle
£12,600 to £37,700
Cases that do not merit an award in the upper band
Upper
£37,700 to £62,900
The most serious cases, with the most exceptional cases capable of exceeding £62,900
If you feel you have to resign because of discrimination, this might be constructive dismissal, and you might be able to make a claim to an employment tribunal. Resigning is a big step to take, so consider it very carefully. In most cases, give your employer a chance to resolve the problem before you consider leaving.
What does UK employment law say about disability and disabled employees?
Disability is one of 9 protected characteristics covered by discrimination law, and an employer must not discriminate against a job applicant or an employee. A duty to make reasonable adjustments applies to an employer. You can make a discrimination claim regardless of your employment status or how long you have worked for your employer. The Equality Act 2010 does not apply to Northern Ireland.
What is a failure to make reasonable adjustments?
An employer discriminates against a disabled person if it fails to comply with the duty to make reasonable adjustments. What is reasonable depends on each situation. Example: an employee who cannot work as quickly as others asks for a slightly reduced workload as a reasonable adjustment and the employer refuses. That is likely to be a failure to make reasonable adjustments.
Can my employer dismiss me because of disability-related absences?
Discrimination arising from disability means discriminating because of something that results from a disability, such as absence from work because of regular hospital appointments. The employer has a defence if it shows the treatment is a proportionate means of achieving a legitimate aim, or that it did not know, and could not reasonably have been expected to know, that you had the disability. An employer must not discriminate against an employee by dismissing them. Example: an employee with cancer who needs time off for hospital treatment gets a warning under the company's absence procedure, which means they cannot apply for promotion. This could be discrimination arising from disability, and the company could have recorded these absences differently.
Does my employer have to know about my disability for me to bring a claim?
For discrimination arising from disability, the employer has a defence if it shows that it did not know, and could not reasonably have been expected to know, that you had the disability. An employer is not subject to the duty to make reasonable adjustments if it does not know, and could not reasonably be expected to know, that an interested disabled person has a disability and is likely to be placed at the disadvantage. Nobody has to tell their employer that they are disabled. Employees are still protected from discrimination if their employer could reasonably be expected to know they have a disability.
How much compensation can I get for disability discrimination?
The Home Office tells employers that if a discrimination claim is upheld, the tribunal will normally order the employer to pay compensation, for which there is no upper limit. An award of damages may include compensation for injured feelings, whether or not it includes compensation on any other basis. For claims presented on or after 6 April 2026, the Vento bands for injury to feelings are a lower band of £1,300 to £12,600 for less serious cases, a middle band of £12,600 to £37,700 for cases that do not merit an award in the upper band, and an upper band of £37,700 to £62,900 for the most serious cases, with the most exceptional cases capable of exceeding £62,900.
What is the time limit for a disability discrimination claim?
If your problem happened on or after 1 October 2026, you have 6 months minus 1 day for most claims. If it happened before 1 October 2026, you have 3 months minus 1 day for most claims. For discrimination, your time limit starts from the most recent date of discrimination you are including in your claim. When you notify Acas, your time limit is paused until early conciliation ends, as long as you notify Acas within your time limit. Once you receive your certificate, you will have at least one month left to make your claim. If your time limit has passed, you can still make a claim, but it is up to the judge to decide whether to accept it.
Know Your Rights UK. "Disability Discrimination at Work: Equality Act 2010." Know Your Rights UK, https://www.knowyourrightsuk.com/employment/disability-discrimination