Disability Discrimination at Work: Know Your Legal Rights in the UK
Disability discrimination at work is a key area of UK employment law. Employees, workers, and job applicants are protected from unfair treatment related to disability, and employers must meet specific legal duties to prevent discrimination and support disabled workers.
This comprehensive guide explains your legal rights, the types of disability discrimination, employer responsibilities, how to take action, and what happens if your rights are breached.
At Adam Bernard Solicitors, we specialise in employment law and disability discrimination claims, providing expert guidance to help protect your rights and achieve the best outcome.
What Is Disability Discrimination?
Disability discrimination happens when someone is treated unfairly because of a disability, a perceived disability, or something connected to their condition. The law that protects you from this is the Equality Act 2010, which applies to all employers in the UK.
Legal Definition of Disability
Under the law, a disability is:
A physical or mental impairment that has a substantial and long‑term adverse effect on your ability to carry out normal daily activities.
Key points:
- “Long‑term” usually means 12 months or more
- Mental health conditions such as anxiety and depression are covered
- Progressive and fluctuating conditions may also qualify.
Who Is Protected?
The Equality Act 2010 protects:
- Employees (full‑time and part‑time)
- Workers and agency staff
- Job applicants
- Apprentices and trainees
Protection covers all stages of employment from hiring, terms and conditions, promotions, training opportunities, to dismissal.
Types of Disability Discrimination
Employers must not discriminate in different ways. The main types of disability discrimination include:
- Direct Disability Discrimination: This occurs when someone is treated less favourably because of their disability. Example: Not being hired because of a health condition.
- Indirect Disability Discrimination: This happens when a workplace rule or practice applies to everyone but places disabled people at a disadvantage. Example: Strict attendance rules that don’t allow for disability‑related absence.
- Failure to Make Reasonable Adjustments: A key legal duty under UK employment law is to make reasonable changes to remove disadvantages faced by disabled employees.
- Discrimination Arising from Disability: Unfavourable treatment because of something connected to a disability, such as taking time off for medical treatments.
- Harassment: Behaviour related to disability that violates dignity or creates a hostile environment.
- Victimisation: Unfair treatment because you raised or supported a complaint about discrimination.
Employer Responsibilities
Employers are required to:
- Prevent disability discrimination at work
- Make reasonable adjustments when needed
- Ensure fair recruitment and workplace procedures
- Follow lawful disciplinary and dismissal processes
Failing to do so may lead to legal claims and compensation through an Employment Tribunal.
Ministerial Visit: Strengthening Disability Rights and Workplace Inclusion
Adam Bernard Solicitors were honoured to welcome Sir Stephen Timms to our offices. Sir Stephen Timms serves as the Minister of State for Social Security and Disability, with responsibility for disability policy, health and disability reform, benefit delivery (including Personal Independence Payment (PIP), Disability Living Allowance (DLA), and Employment and Support Allowance (ESA)), Access to Work, and other support mechanisms for disabled people.
His visit highlights the national focus on disability rights, inclusive employment practices, and the need for employers to understand and comply with their legal duties under the Equality Act 2010. It also reflects growing government engagement in improving workplace inclusion and disability support for working age people.
For more about Sir Stephen Timms and his ministerial role, visit his official government profile:
Learn more about Stephen Timms on the official UK Government website.
What Are Reasonable Adjustments?
Reasonable adjustments are changes an employer must make to help disabled employees do their jobs without disadvantage. These can include adjustments to policies, physical workplace features, or the provision of support.
Examples of Reasonable Adjustments:
- Flexible or hybrid working
- Adjusted working hours
- Changes to equipment or workstation setup
- Time off for medical treatment or rehabilitation
- Physical changes, such as wheelchair access
- Assistive technology or communication support
Whether an adjustment is “reasonable” depends on factors such as:
- The size and resources of the employer
- Cost and practicality
- Effectiveness in removing disadvantage
Employers are expected to discuss needs with employees and anticipate adjustments proactively.
Signs You May Have a Disability Discrimination Claim
You might have a valid claim if:
- Your employer ignored medical or occupational health advice
- Reasonable adjustments were refused without good reason
- You were unfairly dismissed or demoted due to your disability
- You experienced harassment or exclusion at work
- You were overlooked for promotion or training opportunities because of your condition
How to Take Action ?
Step 1: Raise the Issue Internally
Start with an informal discussion with HR or your manager. If that doesn’t help, submit a formal grievance.
Step 2: ACAS Early Conciliation
Before submitting an Employment Tribunal claim, you must contact ACAS (Advisory, Conciliation and Arbitration Service) for early conciliation to try to resolve the dispute.
Step 3: Employment Tribunal Claim
If early conciliation fails, you can make a claim to an Employment Tribunal. Compensation may include:
- Loss of earnings
- Injury to feelings
- Aggravated damages in serious cases
There is no cap on compensation for disability discrimination claims.
Time Limits
Under UK employment law, you generally have 3 months less one day from the act of discrimination to submit a tribunal claim. Acting early and seeking legal advice helps protect your rights and meet deadlines.
How Adam Bernard Solicitors Can Help ?
Adam Bernard Solicitors is a London‑based legal practice with specialist expertise in employment law and disability discrimination claims. With years of experience handling workplace disputes, our employment team supports clients at every stage of their case — from early advice through to tribunal representation.
Our team listens carefully to your situation, explains your rights in plain language, and builds a tailored legal strategy designed to achieve the best possible outcome. We understand the emotional and financial impact workplace discrimination can have, and we aim to provide practical, compassionate, and professional legal guidance at every step.
