Key Takeaways
- Disability discrimination at work in the UK includes unfair treatment, inadequate reasonable adjustments, harassment, or victimisation because of a protected disability.
- The Equality Act 2010 safeguards employees from direct and indirect disability discrimination and legally obliges employers to make reasonable adjustments.
- Overlooking, ignoring, or mishandling disability discrimination exposes employers to workplace conflict, tribunal claims, and serious reputational damage.
- Reasonable adjustments range from flexible working and specialist equipment to adaptations in tasks or workplace environment.
- Understanding the legal definitions and your rights under the Equality Act 2010 equips you to prevent discrimination and fulfil your legal duties as an employer.
- If you experience or witness discrimination, following the correct grievance steps, maintaining clear records, and communicating formally are vital.
- Go-Legal AI offers step-by-step self-assessment tools, template letters, and legal support to help you address disability discrimination at work confidently.
- Go-Legal AI is rated Excellent on Trustpilot with over 170 five-star reviews.
What Counts as Disability Discrimination in the UK Workplace?
Disability discrimination at work occurs when someone is treated unfairly or disadvantaged due to a disability. This includes all stages of employment: recruitment, day-to-day work, promotion, or dismissal. Under the Equality Act 2010, employers must ensure no person with a disability is treated less favourably and must take steps to level the playing field.
Employers must:
- Not refuse work, development opportunities, or training because of a disability.
- Take reasonable steps to adjust policies, practices, and physical features for disabled staff.
- Not penalise disability-related absences or dismiss for reasons arising from a disability.
Discrimination can be obvious or subtle, and it is not always about direct remarks; behaviour, policy, or practice can disadvantage disabled people.
If you have faced or spotted disability discrimination, our AI-powered assessment tool helps you quickly understand your rights and generate the right documents to protect your interests.
Types of Disability Discrimination: Direct, Indirect, Harassment and Victimisation
There are four primary types of disability discrimination under UK employment law:
- Direct Discrimination: Less favourable treatment because of a person’s disability.
- Indirect Discrimination: Company policies or rules that seem neutral but disadvantage those with disabilities.
- Harassment: Unwelcome conduct related to disability that humiliates, degrades, or creates a hostile environment.
- Victimisation: Unjust treatment because someone raised or supported a complaint about discrimination.
| Type | What It Means | Example Situation |
|---|---|---|
| Direct Discrimination | Treated worse specifically because of disability | Rejecting a promotion application from the most qualified candidate due to epilepsy |
| Indirect Discrimination | Policy affects all, but disadvantages disabled staff | Requiring all staff to stand during meetings, putting employees with arthritis at risk |
| Harassment | Humiliation or hostile behaviour related to disability | Teasing an employee for a hearing impairment in front of colleagues |
| Victimisation | Punishment for making or assisting a complaint | Reducing hours after supporting a colleague’s discrimination claim |
Want to clarify if what’s happening counts as discrimination? Our easy assessment tool can help you understand your situation in minutes.
Real-World Disability Discrimination Examples at Work (and Solutions)
Recognising the real signs of disability discrimination helps you prevent legal pitfalls. Here are typical workplace scenarios:
- Flexible Working Refused: An administrator with chronic fatigue requests to work remotely twice a week. The employer rejects the request without considering if reasonable adjustments could work, risking a legal breach.
- Solution: The employer should formally review the request and discuss alternatives. Use our formal reasonable adjustment request template to set out your case clearly.
- Unfair Policies: A chain of shops requires all staff to work late shifts, but an employee with diabetes can’t manage the late hours due to their medical schedule. The manager insists on the rota, putting the worker at a disadvantage.
- Solution: Employers must review and, where feasible, adapt blanket policies. Our policy review tool helps employers spot and correct such risks.
- Hostile Remarks: A team leader repeatedly makes jokes about an employee’s mobility aids during team calls, creating a humiliating work environment.
- Solution: Incidents like this should be formally recorded, investigated, and addressed promptly. Our AI-powered letter generator creates compliant, detailed grievance letters for swift action.
What Disabilities Are Protected Under the Equality Act 2010?
You are protected by the Equality Act 2010 if you have a physical or mental impairment that is:
- Long-term (lasting or expected to last 12 months or more, or for life),
- Substantially impairs your ability to carry out everyday activities.
- Physical Conditions: Loss of mobility (spinal injuries), arthritis, type 1 diabetes, sight or hearing impairment.
- Mental Health Conditions: Generalised anxiety disorder, depression, autism, PTSD (if the effect is long-term and substantial).
- Hidden Disabilities: Dyslexia, chronic fatigue syndrome, ADHD.
Some diagnoses—such as cancer, multiple sclerosis (MS), and HIV—are automatically classed as disabilities from day one.
Unsure whether your situation qualifies? Our Go-Legal AI self-assessment can provide instant clarity and next steps based on the latest UK employment law.
Disability Discrimination vs. Reasonable Adjustments
Understanding the distinction is crucial: disability discrimination means less favourable treatment because of your disability, while reasonable adjustments are the legal measures your employer must take to minimise any disadvantage.
- Discrimination: A tech consultancy refuses to hire a developer who uses a wheelchair, claiming their office isn’t accessible, without investigating adjustments.
- Reasonable Adjustment: The same employer could provide ramp access, accessible desks, or flexible working from home so the developer can work effectively.
| Concept | What It Means | Employer Obligation |
|---|---|---|
| Disability Discrimination | Unfair, less favourable treatment arising from a disability | Forbidden by law |
| Reasonable Adjustments | Changes to environment, policies or roles removing barriers to equality | Mandatory where reasonable for all employers |
Struggling with adjustment requests or formal grievances? Our AI template builder ensures your letter includes every legally required detail, so you’re not overlooked or dismissed due to technicalities.
Reasonable Adjustments at Work: Practical Examples and Checklist
Employers may need to make different changes depending on business size, resources, and practical impact. The law recognises “reasonableness”—adjustments must be effective, affordable, and proportionate.
Examples of Reasonable Adjustments
- Flexible hours or remote/hybrid work patterns
- Specialised furniture or adaptive technology (e.g., screen readers)
- Changes to job responsibilities or shift patterns
- Providing regular breaks or rest periods
- Moving work locations or offering accessible parking
Quick Protection Checklist
Ask yourself:
- Do you have a health condition that’s physical or mental?
- Has it lasted, or is it likely to last, at least 12 months?
- Is the condition making it significantly harder to perform everyday activities?
- Have you been diagnosed with cancer, HIV, or MS?
Answered “yes” to two or more? It’s likely you’re protected under the Equality Act 2010.
Ready to take action? Download legally-compliant template letters or use our reasonable adjustments request generator tailored to your role and company.
Direct vs. Indirect Disability Discrimination: Key Differences and Examples
Understanding the distinction helps prevent issues and future claims.
| Type | What It Involves | Legal Test | Example | Likely Outcome |
|---|---|---|---|---|
| Direct Discrimination | Unfavourable treatment because of disability | Intent or clear link to disability | Not shortlisting a candidate with Tourette’s | Unlawful (rare exceptions) |
| Indirect Discrimination | Neutral rule with disproportionate impact | Affect is assessed, not intent | Requiring all staff to work overtime, affecting those with epilepsy | Unlawful unless justified |
Step-by-Step: What to Do If You Experience Disability Discrimination at Work
If discrimination or lack of adjustments affects you, act promptly and thoroughly:
- Record Events: Keep dated notes and save relevant emails and messages.
- Raise the Issue Informally: Talk to your line manager, HR, or union rep if you feel safe to do so.
- Make a Written Request: State your case clearly—what, when, and how you were treated, and what you want to happen.
- Follow Formal Grievance Steps: Use your employer’s process if informal talks fail.
- Engage Acas: Early conciliation is mandatory before advancing to a tribunal.
- Get Practical Legal Support: Seek advice or draft formal documents using our AI-driven grievance tools.
- Consider a Tribunal: You have a strict 3-month less one day deadline from the act of discrimination.
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Mistakes Employers and Employees Make When Handling Disability Discrimination
Ignoring legal obligations or mishandling complaints makes matters worse for everyone. Avoid these frequent errors:
For Employers:
- Dismissing or delaying informal complaints or not investigating issues thoroughly.
- Thinking only visible disabilities qualify for protection.
- Failing to record discussions or agreed adjustments in writing.
- Sticking rigidly to policies without proper review or consultation.
For Employees:
- Relying on informal conversations—always follow up in writing.
- Not documenting incidents, requests, and outcomes.
- Neglecting to follow your employer’s grievance process before escalating.
Key Legal Rights and Employer Duties Under the Equality Act 2010
The Equality Act 2010 defines specific rights and duties for employees and employers:
| Right/Duty | What It Means | Importance |
|---|---|---|
| No discrimination | Equal treatment at all stages | Promotes fair workplace |
| Right to reasonable adjustments | Employer must remove disadvantages | Enables equal opportunity, prevents claims |
| Harassment protection | No bullying due to disability | Fosters safe, supportive environment |
| Right to raise complaints | Voice concerns without retaliation | Ensures accountability and swift resolution |
Employers must:
- Identify and implement adjustments proactively—waiting to be asked is not enough.
- Safeguard employees and job applicants from unfavourable treatment.
- Handle grievances fairly, confidentially, and without adverse consequences.
Review your workplace policies and employment contracts using our instant risk review tool or create new documents with our full suite of legally-sound templates.
How Go-Legal AI Makes Tackling Disability Discrimination Simpler
Go-Legal AI removes the complexity and costs often linked to legal compliance on disability discrimination:
- Instant Eligibility Checks: Use our guided tool to see if you’re protected by the Equality Act 2010.
- Compliant Document Creation: Draft request letters, grievances, or appeals using templates crafted by specialist employment lawyers, ensuring nothing important is missed.
- Contract & Policy Review: Instantly upload and scan employment contracts or staff handbooks to spot risks with clear recommendations in plain English.
Frequently Asked Questions
What evidence do I need for a workplace disability discrimination claim?
You’ll need written records of incidents, formal requests and responses, medical evidence, and any witness statements. This supports your claim and can sway outcomes even before a tribunal.
How do I make a disability discrimination claim in the UK?
Start with a written grievance to your employer. Use Acas for early conciliation if unresolved. You must submit a tribunal claim within 3 months less one day of the act of discrimination.
Can mental health issues be disabilities under the Equality Act?
Yes. If your mental health issue has a long-term and substantial effect on daily life, it is usually protected.
What if reasonable adjustments are refused?
If refused unreasonably, this is often unlawful. Escalate the issue by submitting a detailed written request, followed by a grievance if necessary.
Am I protected from dismissal due to disability absence?
Usually, yes. Employers must first attempt reasonable adjustments or phased returns before considering fair dismissal.
How do I write a strong complaint letter about disability discrimination?
State what happened, how it affected you, what you want done, and reference the Equality Act. Our grievance letter templates ensure you include everything you need.
What is the time limit for raising a tribunal claim?
You have three months less one day from the act of discrimination to file a claim.
Is a solicitor needed for a workplace discrimination case?
No—grievances and complaints can be started without a solicitor, but expert-drafted templates from our platform help strengthen your case.
What compensation is possible for disability discrimination?
Damages can include lost earnings, emotional distress, and extra sums for serious or repeated discrimination—each case is assessed individually.
How can small businesses avoid disability discrimination risks?
By maintaining proactive, clear policies, manager training, supportive adjustments, and conducting annual reviews. Use our policy audit tools to stay protected.
Create Your Disability Discrimination Resources with Go-Legal AI
Take action to protect your rights or support good practice as an employer:
- Build tailored, compliant adjustment requests and grievance letters instantly using our document generator.
- Scan your contracts and policies for hidden risks—spot issues before they become disputes.
- Access detailed checklists, templates, and legal resources, all regularly updated for UK employment law.
Safeguard Your Position with Go-Legal AI’s Disability Discrimination Tools
Understanding how to identify and resolve disability discrimination at work is key to protecting your rights and ensuring a fair, legally compliant workplace. We’ve covered the practical differences between discrimination and reasonable adjustments, illustrated with real-world examples, and highlighted the major risks and responsibilities facing both employers and employees.
Don’t risk expensive claims, unhappy teams, or lost business opportunities due to poor documentation or missed legal duties. With our AI-powered toolkit, you can confidently submit adjustment requests, formal grievances, or review key HR documents, all in simple steps—no need to wait or pay for lengthy advice.
Ready to protect your position? Sign up today, and in just minutes you can assess your situation, generate robust legal documents, and maintain full compliance—no stress, no uncertainty.
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Create documents, follow step-by-step guides, and get instant support — all in one simple platform.
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