Disability Discrimination in the UK: Your Rights at Work and What You Can Do
Disability discrimination in the workplace can affect employees at any stage of their employment, from recruitment and interviews to promotion, pay, workplace treatment and dismissal. UK law provides specific protections for disabled employees and job applicants under the Equality Act 2010.
If you believe you have been treated unfairly because of a disability, or your employer has failed to make reasonable adjustments, understanding your rights can help you decide what steps to take next.
What Is Disability Discrimination?
Disability discrimination occurs when a person is treated unlawfully because of a disability. The Equality Act 2010 protects disabled employees, workers and job applicants from discrimination in the workplace.
Under the Equality Act, a person is generally 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.
Disability discrimination can occur in many different situations, including:
Recruitment and job interviews
Terms and conditions of employment
Pay and benefits
Promotion and career development
Training opportunities
Disciplinary procedures
Redundancy
Dismissal
Workplace harassment
Failure to provide reasonable adjustments
Importantly, disability discrimination in the workplace (https://klglaw.co.uk/disability-discrimination/) does not always involve an employer intentionally treating someone unfairly. It can also arise from workplace policies, practices or decisions that disadvantage a disabled person.
What Conditions Can Be Considered a Disability?
The legal definition of disability is broader than some people may expect. Physical and mental health conditions can potentially fall within the Equality Act if they meet the relevant legal test.
Examples may include:
Physical impairments
Long-term mental health conditions
Mobility impairments
Learning difficulties
Autism
Chronic pain conditions
Certain neurological conditions
Some conditions are automatically treated as disabilities under the Equality Act. For example, cancer, HIV and multiple sclerosis are protected from the point of diagnosis.
Whether a particular condition meets the legal definition can depend on its effects and duration, so it is important to consider the individual circumstances.
What Are the Main Types of Disability Discrimination?
Disability discrimination can take several forms under UK employment law.
1. Direct Disability Discrimination
Direct discrimination can occur when someone is treated less favourably because of their disability.
For example, an employer may refuse to consider an otherwise suitable employee for promotion because they assume that the employee's disability will prevent them from performing the role.
2. Indirect Disability Discrimination
Indirect discrimination can arise when an employer applies a workplace rule, policy or practice to everyone, but that rule places disabled people at a particular disadvantage.
For example, a workplace requirement that all employees work particular hours could disadvantage an employee whose disability makes those hours difficult to work.
There can be circumstances where an employer may be able to justify a discriminatory provision, criterion or practice, so the specific facts of the situation matter.
3. Failure to Make Reasonable Adjustments
Employers have a legal duty to make reasonable adjustments where required to prevent disabled workers from being placed at a substantial disadvantage.
Reasonable adjustments may include:
Changing working hours
Allowing flexible working arrangements
Providing specialist equipment
Changing the workplace
Providing information in an accessible format
Allowing additional breaks
Modifying recruitment or assessment processes
Providing a phased return to work
The appropriate adjustment depends on the individual's circumstances and the disadvantage they are experiencing.
4. Discrimination Arising from Disability
This can happen when an employee is treated unfavourably because of something arising from their disability, rather than because of the disability itself.
For example, an employee may have disability-related absences and subsequently face unfavourable treatment because of those absences.
There are circumstances where an employer may have a legal defence, so the reason for the treatment and the surrounding circumstances need to be carefully examined.
5. Disability Harassment
Harassment can involve unwanted conduct related to disability that violates a person's dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment.
This could include inappropriate comments, offensive jokes or repeated unwanted behaviour relating to someone's disability.
6. Victimisation
Victimisation may occur when someone is treated unfairly because they have complained about discrimination, supported another person's discrimination complaint or taken another protected action under equality legislation.
Employees should not be subjected to negative treatment simply because they have exercised their legal rights.
What Are Reasonable Adjustments at Work?
Reasonable adjustments are changes an employer can make to reduce or remove a disadvantage experienced by a disabled employee or job applicant.
According to GOV.UK (http://GOV.UK) and Acas, adjustments can cover different aspects of employment, including recruitment, working arrangements, workplace equipment and physical access.
For example, an employer may consider:
Providing an accessible workstation
Installing appropriate equipment
Changing working hours
Allowing home working where appropriate
Providing additional time for assessments
Changing the recruitment process
Providing a phased return following illness
What is considered reasonable depends on the circumstances, including the effectiveness of the adjustment and the resources and circumstances of the employer.
Employers are expected to consider reasonable adjustments when they know, or could reasonably be expected to know, that someone is disabled. This duty can apply to employees, workers, contractors in certain circumstances and job applicants.
Can You Face Disability Discrimination During Recruitment?
Yes. Disability discrimination protections can apply before employment begins.
The Equality Act provides protection during recruitment, including areas such as application forms, interviews, assessments and job offers. Employers may also need to make reasonable adjustments to enable disabled candidates to participate in the recruitment process.
For example, an applicant may require:
An accessible interview location
Additional time during an assessment
Information in an alternative format
Adjustments to the interview process
Employers also have restrictions on when they can ask applicants about their health or disability during recruitment.
Can an Employer Dismiss You Because of a Disability?
An employer cannot simply dismiss an employee because they are disabled.
Disability-related issues can sometimes arise during capability, absence management, disciplinary or redundancy procedures. Employers should consider their legal obligations, including whether reasonable adjustments are required and whether the proposed treatment could amount to discrimination.
For example, if an employer dismisses an employee without properly considering reasonable adjustments or because of a matter arising from their disability, there may be grounds for a disability discrimination claim depending on the circumstances.
Disability discrimination protection can apply regardless of how long someone has worked for an employer.
What Should You Do If You Experience Disability Discrimination?
If you believe you have experienced disability discrimination at work, consider keeping a clear record of what happened.
Useful evidence may include:
Emails and written communications
Letters from your employer
HR correspondence
Occupational health reports
Medical evidence where relevant
Records of reasonable adjustment requests
Details of meetings and conversations
Workplace policies
Witness information
You may also wish to raise the issue with your employer through an informal discussion or formal grievance, depending on the circumstances.
Acas recommends considering the appropriate internal process and, where the matter cannot be resolved, an employment tribunal claim may be an option.
Employment Tribunal Claims for Disability Discrimination
If workplace discrimination cannot be resolved, an employee may be able to bring a claim before an Employment Tribunal.
Before submitting most employment tribunal claims, you generally need to notify Acas and go through Early Conciliation. The relevant time limits are strict, so getting advice promptly is important.
The exact time limit and legal process can depend on the type of claim and circumstances. Anyone considering a claim should obtain specialist legal advice as soon as possible rather than waiting until the deadline approaches.
How Can a Disability Discrimination Solicitor Help?
Disability discrimination cases can involve complicated questions about the Equality Act, reasonable adjustments, workplace procedures and evidence.
A specialist employment solicitor can help you:
Understand whether your circumstances may amount to disability discrimination
Identify the type of discrimination involved
Review evidence and correspondence
Advise on reasonable adjustments
Assist with workplace grievances
Explain the Acas Early Conciliation process
Assess potential Employment Tribunal claims
Advise on settlement options
Represent you during legal proceedings where appropriate
KLG Law provides specialist employment law advice for employees who believe they have experienced disability discrimination. Its existing disability discrimination service covers issues including direct and indirect discrimination, reasonable adjustments, harassment and discrimination arising from disability.
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