Disability Discrimination at Work

What Is Disability Discrimination?

Disability discrimination occurs when an employer treats an employee or job applicant unfavourably because of a disability, or because of something connected to their disability. It is unlawful under the Equality Act 2010, which provides the legal framework for all discrimination claims in England, Scotland and Wales.

Disability is unique among the nine protected characteristics. It is the only one that places a positive duty on employers to make reasonable adjustments to ensure disabled employees are not placed at a substantial disadvantage. This goes beyond simply not discriminating; employers must take proactive steps to support disabled workers.

Disability discrimination claims are also the fastest-growing category of employment tribunal claim. According to the Ministry of Justice, disability discrimination accounted for 14.8% of all new tribunal cases in the third quarter of 2025. Referrals to Acas (the Advisory, Conciliation and Arbitration Service) for disability discrimination rose by 41% between 2023/24 and 2024/25, with nearly 12,000 cases referred in a single year.

Crucially, compensation for disability discrimination is uncapped. Unlike unfair dismissal, where compensation is subject to a statutory cap, there is no limit on what a tribunal can award for discrimination. The highest disability discrimination award in the 2022/23 reporting period was £1,767,869.

How the Equality Act 2010 Defines Disability

Section 6 of the Equality Act 2010 defines a person as having a disability 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.

Each element of this definition matters:

Physical or mental impairment covers a wide range of conditions. Physical impairments include mobility difficulties, visual or hearing impairments, chronic pain conditions, diabetes, epilepsy and many others. Mental impairments include clinical depression, anxiety disorders, PTSD, bipolar disorder, schizophrenia and neurodivergent conditions such as ADHD, autism and dyslexia.

“Substantial” means more than minor or trivial. The impairment does not need to be severe, but it must have a noticeable effect on day-to-day activities. For example, if a condition makes it take significantly longer to complete everyday tasks, or makes certain activities much more difficult, that is likely to be substantial.

“Long-term” generally means the impairment has lasted, or is likely to last, for at least 12 months. A broken arm that heals within six weeks would not normally qualify, but arthritis in a joint would. If a condition has fluctuating effects, such as rheumatoid arthritis or multiple sclerosis, it is still considered long-term if the substantial effects are likely to recur.

“Normal day-to-day activities” covers the things most people do on a regular basis, such as walking, eating, washing, reading, socialising, concentrating and using a computer. The Employment Appeal Tribunal (EAT) confirmed in Stedman v Haven Leisure Limited [2025] EAT 82 that it is wrong to weigh activities a person can do against those they cannot. If the impairment has a substantial adverse effect on even one day-to-day activity, the person meets the definition.

You do not need a formal medical diagnosis to qualify as disabled under the Equality Act. What matters is the effect of the impairment, not the cause or diagnosis. That said, medical evidence supporting your claim will be helpful in practice.

Deemed Disabilities

Some conditions are automatically treated as disabilities from the point of diagnosis, regardless of their current effect on day-to-day activities. These are:

Cancer, HIV and multiple sclerosis (MS) are all deemed disabilities under the Equality Act. An employee diagnosed with cancer is protected from the date of diagnosis, even if the cancer has not yet begun to affect their ability to work. The same applies to HIV and MS.

People who are certified as blind or partially sighted by a consultant ophthalmologist are also deemed to have a disability.

Excluded Conditions

Certain conditions are specifically excluded from the definition of disability under Regulation 4 of the Equality Act (Disability) Regulations 2010. These include:

Addiction to alcohol, nicotine or any other substance (though the underlying cause of an addiction, such as depression, could qualify). A tendency to set fires, a tendency to steal, a tendency to physical or sexual abuse of others. Exhibitionism and voyeurism. Seasonal allergic rhinitis (hay fever), unless it aggravates the effect of another condition.

These exclusions are narrow. If an employee has a condition that is separate from but related to an excluded condition, the underlying condition may still qualify as a disability.

Past Disabilities

Under section 6(4) of the Equality Act 2010, employees who have recovered from a disability are still protected from discrimination that arises because of their past disability.

For example, an employee who has recovered from breast cancer and returns to work is still protected. If she is passed over for promotion because her manager is concerned that the cancer might return, that would be disability discrimination even though she is no longer disabled.

Types of Disability Discrimination at Work

The Equality Act 2010 prohibits five distinct types of disability discrimination. Each operates differently, and understanding the differences is important when considering a claim.

Direct Discrimination (Section 13)

Direct discrimination occurs when an employer treats an employee less favourably than they would treat someone without a disability in the same or similar circumstances. The disability must be the reason for the less favourable treatment.

For example, refusing to offer a job to a wheelchair user who is the most qualified applicant, simply because of assumptions about their ability to do the work, would be direct discrimination.

Direct disability discrimination cannot be justified. Even if the employer believes they are acting in the employee’s best interests, treating someone less favourably because of their disability is unlawful.

Protection extends to perceived disability (where an employer treats someone less favourably because they mistakenly believe the person is disabled) and associative discrimination (where someone is treated less favourably because of their association with a disabled person, such as a carer).

Discrimination Arising from Disability (Section 15)

Section 15 of the Equality Act 2010 is one of the most important and commonly litigated provisions in disability discrimination law. It prohibits unfavourable treatment because of “something arising in consequence of” a disability.

The crucial distinction from direct discrimination is that section 15 does not require a comparator. The treatment does not have to be less favourable than treatment of a non-disabled person. It simply has to be unfavourable, meaning something the employee would rather had not happened.

Common examples include dismissing an employee because of disability-related sickness absence, imposing performance targets without accounting for the impact of a disability, refusing a bonus because of attendance triggered by disability-related absences, and disciplining an employee for conduct that is a consequence of their neurodivergent condition.

There are two key requirements. First, the employer must know, or ought reasonably to have known, about the disability. Second, the employer has a defence if it can show that the unfavourable treatment was a proportionate means of achieving a legitimate aim. This is known as the objective justification defence, and it sets a high bar for employers.

Section 15 claims are growing rapidly, particularly in cases involving mental health conditions and neurodivergent employees. The two-stage causation test was set out in Pnaiser v NHS England [2016] IRLR 170: the tribunal must first identify the unfavourable treatment, then determine whether it was because of something arising in consequence of the disability.

Indirect Discrimination (Section 19)

Indirect discrimination occurs when an employer applies a provision, criterion or practice (PCP) equally to all employees, but the PCP puts disabled employees at a particular disadvantage compared to non-disabled employees.

For example, if all applicants for a role must pass a timed written test, this could indirectly discriminate against applicants with dyslexia or learning difficulties. If the role does not actually require fast written work, the test may be disproportionate.

Like section 15 claims, indirect discrimination can be justified if the employer shows the PCP is a proportionate means of achieving a legitimate aim.

Harassment (Section 26)

Harassment is unwanted conduct related to disability that has the purpose or effect of violating the employee’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment.

You do not need to have a disability to bring a harassment claim. If a colleague makes offensive comments about disabled people in your presence, that could amount to disability-related harassment even if you are not disabled yourself.

Under the Employment Rights Act 2025, employers will once again be liable for harassment of their employees by third parties, such as customers or clients, if they fail to take reasonable steps to prevent it.

Victimisation (Section 27)

Victimisation occurs when an employer subjects an employee to a detriment because the employee has done a “protected act.” Protected acts include making a complaint about discrimination, bringing tribunal proceedings, giving evidence in someone else’s discrimination claim, or raising concerns about disability discrimination.

You do not need to have a disability to be protected from victimisation. If you support a colleague’s disability discrimination complaint and suffer adverse treatment as a result, that is victimisation.

The Duty to Make Reasonable Adjustments

The duty to make reasonable adjustments is one of the most distinctive features of disability discrimination law. Set out in sections 20 and 21 of the Equality Act 2010, it requires employers to take positive steps to remove barriers that put disabled employees at a substantial disadvantage.

The duty has three components:

First, where a provision, criterion or practice (PCP) puts a disabled person at a substantial disadvantage compared to non-disabled people, the employer must take reasonable steps to avoid that disadvantage. For example, if a rigid 9-to-5 working pattern causes difficulties for an employee with a fatigue-related condition, adjusting their hours could be a reasonable adjustment.

Second, where a physical feature of the workplace puts a disabled person at a substantial disadvantage, the employer must take reasonable steps to avoid that disadvantage. This could mean removing the feature, altering it, or providing a reasonable way to avoid it.

Third, where a disabled person would be at a substantial disadvantage without an auxiliary aid or service, the employer must take reasonable steps to provide one. This could include assistive software, a hearing loop, a modified chair, or a support worker.

The duty is anticipatory and proactive. Employers cannot simply wait for an employee to request adjustments. The EHRC Employment Statutory Code of Practice makes clear that if an employer knows, or ought reasonably to know, that an employee has a disability and is at a disadvantage, the duty arises. The employer cannot put the entire onus on the employee to disclose their disability or request specific adjustments.

What Counts as Reasonable?

There is no exhaustive list of what qualifies as a reasonable adjustment. The EHRC Code of Practice identifies several factors that a tribunal will consider, including the effectiveness of the adjustment, its practicability, the financial and other costs, the extent of any disruption, the employer’s financial and other resources, and the availability of external funding or support (such as the Access to Work scheme).

Common reasonable adjustments in practice include flexible working hours or patterns, working from home, modified duties or reallocation of tasks, phased return to work after sickness absence, assistive technology and software, adjusted absence or performance triggers, extra time for tasks or assessments, providing information in accessible formats, mentoring or buddy systems, and allowing time off for medical appointments.

Failure to Make Reasonable Adjustments

A failure to make reasonable adjustments is a form of disability discrimination under section 21 of the Equality Act 2010. Critically, unlike discrimination under sections 15 and 19, a failure to make reasonable adjustments cannot be justified. If the adjustment is reasonable, the employer must make it.

This is one of the most commonly litigated areas of disability discrimination. Many employers fall into the trap of refusing adjustments because they consider them inconvenient, without properly assessing whether they are reasonable in the circumstances.

“The duty to make reasonable adjustments catches a lot of employers off guard. They often think they can wait for an employee to formally request adjustments, but the law requires them to be proactive. If you know or should know that an employee has a disability, you need to be considering what adjustments might help, not waiting to be asked.”

Tom Street Principal Solicitor, Tom Street & Co.

Disability Discrimination and Mental Health

Mental health conditions are increasingly recognised as disabilities under the Equality Act 2010. Conditions such as clinical depression, generalised anxiety disorder, PTSD, bipolar disorder, obsessive compulsive disorder (OCD) and eating disorders can all qualify, provided they meet the statutory test of having a substantial and long-term adverse effect on day-to-day activities.

Neurodivergent conditions are also firmly within the scope of disability protection. ADHD, autism spectrum conditions, dyslexia, dyspraxia and Tourette’s syndrome have all been recognised by tribunals as disabilities. The EAT’s decision in Stedman v Haven Leisure Limited [2025] EAT 82 confirmed that tribunals should not balance activities a person can do against those they cannot. If the condition has a substantial effect on even one day-to-day activity, the definition is met.

The scale of mental health disability in the UK workforce is significant. According to the Department for Work and Pensions’ Family Resources Survey 2023/24, 16.8 million people in the UK (25% of the population) identify as having a disability. Of those of working age, 48% report a mental health impairment as their primary or secondary condition. This represents a substantial increase from a decade ago.

Disability discrimination claims driven by mental health and neurodivergence are a major factor behind the overall surge in tribunal claims. Employers are often less comfortable dealing with hidden disabilities than visible physical ones, and many fall short of their legal obligations around reasonable adjustments for mental health conditions.

If you have a mental health condition or neurodivergent condition and believe your employer has failed to support you or has treated you unfavourably, you may have a disability discrimination claim.

Compensation for Disability Discrimination

Compensation for disability discrimination is uncapped. This makes it potentially the most financially significant type of employment tribunal claim. A successful claimant can receive compensation under several heads.

Financial losses cover past loss of earnings (from the date of dismissal or detriment to the hearing) and future loss of earnings (projecting forward to when the claimant is expected to find comparable employment or retire). In serious cases, particularly where the discrimination has caused a career-ending injury, future loss of earnings alone can reach six figures.

Injury to feelings is assessed using the Vento bands, which are updated annually. For claims presented on or after 6 April 2025, the bands are:

Interest is payable on discrimination awards at 8% simple interest. Interest on injury to feelings runs from the date of the discriminatory act to the date of calculation. Interest on financial losses runs from the mid-point between the discriminatory act and the calculation date.

Aggravated damages may be awarded in exceptional cases, for example where the employer has acted in a particularly high-handed, malicious or oppressive manner.

The tribunal can also make recommendations, requiring the employer to take specific steps to reduce the effect of the discrimination. If the employer fails to comply with a recommendation without reasonable excuse, the tribunal can increase the compensation award.

To put the potential value in perspective, the highest disability discrimination award in the 2022/23 reporting period was £1,767,869. The median award was £15,634 and the average was £45,435 (boosted by the high-value outliers). These figures cover tribunal awards only and do not include the many cases that settle for significant sums before reaching a hearing.

If your employer has unreasonably failed to follow the Acas Code of Practice on disciplinary and grievance procedures, the tribunal can increase your award by up to 25% under section 207A of TULRCA 1992.

“What many employees don’t realise is that discrimination compensation is uncapped. If you’ve lost your career because of disability discrimination, the financial losses alone can be very substantial, and that’s before you add injury to feelings. Employers know this, which is why strong disability discrimination claims often settle well before a hearing.”

Tom Street Principal Solicitor, Tom Street & Co.

Time Limits for Disability Discrimination Claims

Under section 123 of the Equality Act 2010, you must bring your disability discrimination claim within three months minus one day from the date of the act you are complaining about. If you were dismissed on 15 March 2026, your deadline would be 14 June 2026.

Before submitting your claim, you must contact Acas for early conciliation. This is a mandatory first step introduced under the ACAS Early Conciliation Regulations 2014. The early conciliation period pauses the clock on your time limit, giving you additional time to submit your claim if conciliation does not resolve the dispute.

Where the discrimination consists of a series of connected acts (known as continuing acts), time runs from the date of the last act in the series. For example, if your employer repeatedly fails to make reasonable adjustments over a period of months, the time limit runs from the last occasion the adjustment should have been made. Identifying continuing acts can be complex, and getting this right is crucial to your claim.

If you miss the deadline, the tribunal has discretion to extend time if it considers it just and equitable to do so. This is a broader discretion than applies to unfair dismissal claims, but it is not guaranteed. You should not rely on obtaining an extension; it is always best to act promptly.

Under the Employment Rights Act 2025, the time limit for bringing employment tribunal claims will extend to six months. This change is expected to come into force in October 2026, though the exact commencement date is still subject to secondary legislation. Until the new time limit takes effect, the three-month deadline still applies.

How to Bring a Disability Discrimination Claim

If you believe you have been subjected to disability discrimination at work, the following steps outline the process for bringing a claim.

Step 1: Raise a grievance. While not a legal requirement, raising a formal grievance with your employer is strongly advisable. It puts your concerns on record, gives your employer the opportunity to resolve matters, and is relevant to any potential Acas Code uplift on compensation. If your employer handles the grievance unreasonably, the tribunal can increase your award by up to 25%.

Step 2: Contact Acas for early conciliation. Before you can submit a tribunal claim, you must notify Acas and participate in early conciliation. Acas will try to help you and your employer reach a settlement without the need for a tribunal hearing. The process is free and confidential. If conciliation is unsuccessful, Acas will issue you with an early conciliation certificate, which you need in order to submit your claim.

Step 3: Submit your ET1 claim form. You submit your claim to the employment tribunal using the ET1 form, which can be done online. You must include details of the discrimination you experienced, when it happened, and what remedy you are seeking. It is critical to ensure your claim is submitted within the time limit.

Step 4: Employer responds with ET3. Your employer has 28 days to submit a response (the ET3 form), setting out their defence to your claim.

Step 5: Case management. The tribunal will hold preliminary hearings to manage the case, identify the issues, set a timetable, and potentially consider whether you meet the definition of disability (this is often decided at a preliminary hearing).

Step 6: Final hearing. If the case does not settle, it proceeds to a final hearing where the tribunal hears evidence from both sides and delivers its judgment. Disability discrimination cases often take several days of hearing time, and waiting times from claim submission to final hearing currently average around 12 months.

Practical tips for building your case: Keep a detailed diary of discriminatory incidents, noting dates, times, what was said or done, and who was present. Retain copies of all relevant correspondence, including emails, text messages and letters. Obtain medical evidence that supports your disability status and the impact on your day-to-day activities. Save any evidence of requests for reasonable adjustments and your employer’s responses.

How We Can Help

At Tom Street & Co. Solicitors, we specialise exclusively in employment law for employees. Our disability discrimination solicitors have extensive experience representing employees who have been treated unfavourably because of their disability, including claims involving reasonable adjustments, dismissal, mental health conditions and neurodivergent conditions.

We offer a free initial case assessment where one of our solicitors will review your situation and advise you on the strength of your claim, the potential compensation, and the best course of action. Many of our disability discrimination cases are taken on a no win no fee basis, meaning you pay nothing unless your claim succeeds.

We act for employees throughout England and Wales. Our service is fully remote, so you can access specialist advice wherever you are based.