Disability discrimination at work solicitors

If you have a long-term health condition, your employer must not treat you badly because of it and must make reasonable adjustments so you can do your job. The duty applies from the moment you apply for the job. We advise employees across England and Wales by phone or video, or at our Manchester office.

Key points

• No qualifying period. Job applicants, employees and workers are all protected.
• Compensation is not capped and includes an award for injury to feelings.
• Many conditions count, including depression, anxiety, diabetes, long Covid and back problems, if the effect is substantial and long-term.
• A tribunal claim must be started within six months less one day, after contacting Acas.

Am I disabled under the Equality Act?

Section 6 of the Equality Act 2010 says you are disabled if you have a physical or mental impairment that has a substantial and long-term adverse effect on your ability to carry out normal day-to-day activities. Long-term means it has lasted, or is likely to last, 12 months or more, or is likely to recur. The effect is judged as it would be without medication or other treatment. Cancer, HIV and multiple sclerosis count from the day of diagnosis.

The kinds of disability discrimination

• Direct discrimination: being treated worse because of the disability itself.
• Discrimination arising from disability (section 15): being treated badly because of something that results from the disability, such as sickness absence or needing more time, unless the employer can justify it.
• Failure to make reasonable adjustments (sections 20 and 21).
• Indirect discrimination: a rule applied to everyone that puts disabled people at a disadvantage and cannot be justified.
• Harassment related to disability, and victimisation for complaining about discrimination.

Reasonable adjustments

Where a practice, a physical feature of the workplace or the lack of an aid puts you at a substantial disadvantage, your employer must take reasonable steps to remove it. Common adjustments are changed hours, working from home, more breaks, a phased return, different equipment or software, moving your desk, adjusting absence triggers and moving you to a suitable vacant role. What is reasonable depends on cost, practicality and the size of the employer. You do not pay for an adjustment.

The duty only arises once your employer knows, or could reasonably be expected to know, about your disability and the disadvantage. Tell them in writing.

Sickness absence and dismissal

Dismissing someone for absence caused by a disability is often discrimination arising from disability unless the employer can show it was a proportionate way of running the business, and that adjustments were tried first. See sickness absence and dismissal.

Job applications

An employer must not ask about your health before offering you a job, except for limited purposes such as arranging adjustments for the interview (section 60).

How we work

1. We assess whether your condition meets the definition and which claims you have.
2. We help you ask for adjustments in writing, with medical evidence where it helps.
3. If that fails, we raise a grievance, go to Acas and bring the tribunal claim.

See also discrimination at work.

What it costs

We assess your case first and agree how you will pay, and what it will cost, before any work starts. A first consultation is £100 for half an hour or £180 for an hour. Typical costs for a tribunal claim are on our fees page.

Questions people ask

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Not sure where you stand? Ask a solicitor and we will reply by phone or email, or send an enquiry for a free initial assessment.