Understanding Disability Discrimination

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The Equality Act 2010 states that disability discrimination is when an employee is treated less well or put at a disadvantage for a reason that relates to their disability. The treatment could be a one-off action, the application of a rule or policy or the existence of physical or communication barriers which make accessing something difficult or impossible. The discrimination does not have to be intentional to be unlawful.

Direct Discrimination

Direct discrimination is what happens when someone treats an employee worse than another employee in a similar situation because of their disability.

Indirect Discrimination

Indirect discrimination happens when an employer has a particular policy or way of working that has a worse impact on disabled employee compared to employees who are not disabled. Indirect disability discrimination is unlawful unless the employer is able to show that there is a good reason for the policy and it is proportionate. This is known as objective justification. 

Failure to make Reasonable Adjustments

Employers have a responsibility to make sure that disabled employees can access jobs, education, support during disciplinary investigations and services as easily as non-disabled people. This is known as the ‘duty to make reasonable adjustments’. Disabled employees can experience discrimination if their employer doesn’t make a reasonable adjustment. 

Discrimination Arising from Disability

Employees are also protected from discrimination arising from disability. This protects employees from being treated badly because of something connected to their disability, such as having an assistance dog or needing time off for medical appointments. This does not apply unless the person who discriminated against the employee knew the employee had a disability or ought to have known.

Harassment

Harassment occurs when a fellow employee treats a disabled colleague in a way that makes them feel humiliated, offended or degraded.

Victimisation

Victimisation is when an employee is treated badly because they have made a complaint of discrimination under the Equality Act. It can also occur if they are supporting someone who has made a complaint of discrimination.

Sources

• Equality Act 2010 
• The law on disability discrimination - Disability discrimination - Acas 
• Disability discrimination: UK employment law | CIPD 
• Disability discrimination | EHRC 

Employers in the UK are prohibited under the Equality Act 2010 from discriminating against, harassing, or victimising employees or job applicants because of protected characteristics, including disability discrimination. 

This applies to all aspects of employment, including terms and conditions, access to promotion, transfer or training opportunities, disciplinary investigations, dismissals, appeal hearings and any other detriment.

Employers must not treat disabled people unfavourably because of something connected with their disability. Protection from this type of discrimination, which is known as 'discrimination arising from disability', only applies to disabled people.

Employers may be held liable for unlawful acts committed by their employees in the course of employment. However, they may avoid liability if they can show they took all reasonable steps to prevent such conduct. Employees may also be personally liable for their own discriminatory acts.

Disability discrimination can arise in a wide range of workplace situations and through multiple communication channels, including in-person interactions, written communication, and digital platforms. 

Examples may include:

• During an interview, a job applicant tells the potential employer that he has autism. The employer decides not to appoint him even though he’s the best candidate they have interviewed, because they assume he will be difficult to manage.
• An employee with mobility impairment needs a parking space close to the office. However, her employer only gives parking spaces to senior managers and refuses to give her a designated parking space.
• An employee with cancer is prevented from receiving a company wide bonus because of the time she has taken off to receive treatment.
• An employee whose eyesight has seriously deteriorated cannot do as much work as his non-disabled colleagues. If his employer sought to dismiss him, after ruling out the possibility of redeployment, the employer would need to show that this was for good reason and was proportionate.
• A disabled woman is regularly sworn at and called names by colleagues at work because of her disability.
• An employee has made a complaint of disability discrimination. The employer threatens to sack them unless they withdraw the complaint.
• A job applicant fills in an application form which asks people to state whether they are taking any medication. Unless there is a good reason why the employer needs to know this information, the question should not be asked.
• An organisation supporting deaf people might require that an employee whose role is providing counselling to British Sign Language (BSL) users is a deaf BSL user. This is called an occupational requirement. 

An employee we supported was facing disciplinary action at work. Due to PTSD, he experienced severe anxiety in stressful situations and requested that his partner attended both the disciplinary and appeal hearings as a support person. Despite being aware of his condition, the employer refused these requests.

As a result of his anxiety, the employee struggled to present his case effectively during both hearings and was then dismissed. He had retained email correspondence that supported his account of events.

Following formal representation and detailed submissions highlighting potential breaches of UK equality law, the matter progressed to an Employment Tribunal. The case was subsequently resolved, with the employee receiving compensation that reflected the distress caused by the employer's handling of the situation.

If you believe you are experiencing disability discrimination, our advice is:

• keep a written record of incidents  (dates, times, details, witnesses) 
• keep a diary of how each incident made you feel and the impact it had on your mental and physical health, and your relationships
• preserve evidence such as emails, messages, or screenshots 
• review your employer’s grievance and maternity procedures 
• report the issue to HR or management           
• raise a formal grievance where appropriate 
• seek early advice from ACAS 

️What counts as a disability under the Equality Act 2010? A disability is a physical or mental impairment that has a substantial and long-term adverse effect on a person's ability to carry out normal day-to-day activities. This can include conditions such as PTSD, depression, anxiety disorders, autism, ADHD, diabetes, multiple sclerosis, and many other physical and mental health conditions.

Can mental health conditions be considered a disability? Yes. Mental health conditions such as PTSD, depression, anxiety disorders, bipolar disorder, and OCD may be protected under the Equality Act if they have a substantial and long-term impact on day-to-day activities.

What are reasonable adjustments? Reasonable adjustments are changes an employer makes to remove or reduce workplace disadvantages experienced by a disabled employee. Examples may include flexible working arrangements, additional support during meetings, adjusted duties, specialist equipment, or changes to workplace procedures.

Can I ask for a companion to attend disciplinary or grievance meetings because of my disability? In some circumstances, allowing a support person to attend a workplace meeting may be a reasonable adjustment. Whether this is required will depend on the nature of the disability, the impact it has on the employee, and the circumstances of the meeting.

What should I do if my employer refuses a reasonable adjustment? You should ask for the reasons in writing, keep records of all communications, and consider raising the matter informally or through a formal grievance procedure. Seeking independent advice at an early stage can also be helpful.

Do I have to tell my employer about my disability? Not always. However, it can be more difficult for an employer to make appropriate adjustments if they are unaware of your condition. Each situation is different, and employees should consider obtaining advice if they are unsure.

Can my employer discipline me for issues related to my disability? Employers can manage conduct and performance issues, but they must consider whether a disability has contributed to the situation and whether reasonable adjustments should be made. Failing to do so could potentially give rise to disability discrimination concerns.

What evidence should I keep if I believe I am being discriminated against? Keep copies of emails, letters, meeting notes, performance reviews, medical evidence, and any records of conversations relating to your disability, requests for adjustments, or treatment at work.

Can I raise a grievance about disability discrimination? Yes. If you believe you have been treated unfairly because of a disability, you can usually raise a formal grievance under your employer's grievance procedure.

Can I bring an Employment Tribunal claim for disability discrimination?

Potentially, yes. Employees may be able to bring claims relating to disability discrimination, failure to make reasonable adjustments, harassment, or victimisation. Strict time limits usually apply, so advice should be sought promptly.

Can my employer treat me badly because I raised concerns about discrimination?

No. The Equality Act protects employees from victimisation because they have raised concerns about discrimination or supported someone else's complaint.

Helpful Links

•  Types of discrimination in the Equality Act - Mind
•  Disability discrimination and the law | Disability charity Scope UK 
•  Home Page | Disability Rights UK 

Most claims under the Equality Act 2010, including disability discrimination, must be submitted within 3 months less one day from the date of the last incident. Before submitting a claim, individuals must normally engage in ACAS Early Conciliation, which is a mandatory step. 

Employment Tribunal Information – GOV.UK 

Where a claim is successful, an Employment Tribunal may award compensation for financial loss, compensation for injury to feelings, and interest where applicable. Each case is assessed on its individual facts, including severity, duration, and impact.

Our HR Consultant supports employees experiencing workplace issues including discrimination, harassment, unfair dismissal, grievance and disciplinary matters, other workplace disputes, and Employment Tribunal claims.

Step 1 — Initial Case Review

We offer an initial complimentary review of your situation to assess your circumstances and provide clear, professional guidance on whether we may be able to assist.

Step 2 — Formal Workplace Representation

Where appropriate, we can prepare detailed correspondence to your employer outlining the relevant workplace concerns, applicable employment legislation, and potential procedural issues. In some cases, matters can be resolved through early settlement discussions without the need for Employment Tribunal proceedings.

Step 3 — Employment Tribunal Preparation Support

Where disputes remain unresolved, we can support you with Employment Tribunal proceedings.

📧 Tracey@PracticalPeople.co.uk

📞 07939 132480

We aim to respond within the same working day where possible.

This guidance is written by Tracey Hirst, an experienced HR consultant specialising in discrimination, maternity rights and Employment Tribunal preparation support. Her qualifications include FCIPD and MSc Strategic Management from Loughborough University. Tracey is the founder of Practical People.

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FairDeal4You™️ is a trading style of Practical People Limited who provide HR consultancy services only and are not a regulated law firm. We do not provide reserved legal services. This content is intended for general guidance purposes and should not be considered legal advice. Individuals should seek independent legal advice where appropriate. Practical People Limited holds professional indemnity insurance. 

Last Reviewed: 10 June 2026

Reviewed by Tracey Hirst, FCIPD - qualified HR Consultant

Reviewed against the Equality Act 2010, ACAS guidelines, and EHRC technical guidance

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