Disability Discrimination
Workplace discrimination due to disability or failure to make reasonable adjustments for your needs.
What is Disability Discrimination
Disability discrimination occurs when you're treated unfavorably because of your disability, or when employers fail to make reasonable adjustments to help you do your job. Under the Equality Act 2010, employers must not discriminate against disabled employees and have a duty to make reasonable adjustments to remove barriers you face at work.
Disability includes physical impairments, mental health conditions, learning difficulties, and progressive conditions like diabetes or cancer. The key test is whether your condition has a substantial and long-term adverse effect on your ability to carry out normal daily activities.
Many employees don't realize they're protected, especially those with mental health conditions, chronic illnesses, or conditions that developed during employment. Employers cannot dismiss you simply because adjustments cost money or cause inconvenience.
Common Reasons
Employers often dismiss disabled employees rather than explore reasonable adjustments. Common scenarios include dismissing employees who develop depression or anxiety, refusing to provide accessible parking or workspace modifications, or dismissing employees who need regular medical appointments.
We frequently see cases where employers dismiss employees returning from long-term sickness, claiming they're "no longer fit for the role" without proper consultation or considering alternative roles. Mental health discrimination is particularly common, with employers showing little understanding of conditions like depression, PTSD, or anxiety disorders.
Other frequent issues include: dismissing employees who request reduced hours for medical reasons, failing to provide assistive technology or equipment, refusing to allow working from home when it would be a reasonable adjustment, or creating hostile environments after disability disclosure. Employers often use "capability" procedures as excuses to dismiss rather than accommodate.
Your Rights and Typical Results
Disability discrimination awards typically range £15,000-£40,000, with cases involving failure to make reasonable adjustments often achieving higher amounts due to the employer's legal duty to accommodate disabled employees.
Your disability doesn't define your value as an employee. Employers must accommodate your needs, not dismiss you unfairly.
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Frequently asked questions
