Disability discrimination at work — your rights under the Equality Act

No qualifying employment period. Compensation is uncapped. Employers must make reasonable adjustments.

Are mental health conditions covered under the Equality Act?

Yes. Depression, anxiety, PTSD, bipolar disorder, and other mental health conditions are covered if they have a substantial long-term effect on normal day-to-day activities. You must show the condition has lasted (or is likely to last) 12 months, or it is a progressive condition. The same protections apply as for physical disabilities.

Can my employer refuse to make reasonable adjustments?

No. Once aware (or reasonably should be aware) of your disability, the employer must take reasonable steps to remove disadvantage. If they refuse without justification, this is discrimination. Reasonable steps might be flexible hours, changed duties, different equipment, adjusting targets, or WFH. The cost is on the employer, unless it would be disproportionate.

If I was dismissed for disability-related absences, do I have a claim?

Yes. This is discrimination arising from disability (if the absences are a consequence of disability). Unless the employer can show a proportionate aim and reasonable means (e.g. genuine occupational requirement), dismissal for disability-related sickness is unlawful. You can claim unfair dismissal and disability discrimination (compensation uncapped).

Are pregnancy and disability discrimination the same?

No. Pregnancy discrimination is separate under the Equality Act. However, pregnancy-related conditions (gestational diabetes, pre-eclampsia) can be disabilities if they have a substantial long-term effect. Once a condition qualifies as disability (beyond pregnancy), the 5 types of disability discrimination apply, and protections continue after birth.

Can my employer ask about my health before I am hired?

No. Pre-employment health questions are prohibited (with narrow exceptions for occupational health and safety). If asked "Do you have any disabilities or health conditions?" at interview or in an application form, the employer has breached the law. You can claim discrimination even before employment starts.

Who bears the burden of proof in a disability discrimination case?

Once you show facts from which discrimination could be inferred, the burden shifts to the employer to prove no discrimination occurred. This is more favorable than ordinary breach of contract cases. Show: you are disabled, you suffered a detriment, and timing/circumstances suggest disability-related reason — then the employer must explain.

What is the time limit for a disability discrimination claim?

3 months from the act of discrimination (EQA 2010 s.123). For a continuing course of conduct (e.g. ongoing bullying or refusal to adjust), the 3-month clock runs from the last act. ACAS early conciliation is mandatory before filing at tribunal (source: acas.org.uk/early-conciliation).

The Equality Act 2010 protects disabled workers. Learn about direct discrimination, failure to make reasonable adjustments, and how to bring a tribunal claim.

Disability discrimination at work — your rights under the Equality Act

The Equality Act 2010

protects disabled workers from five types of discrimination: direct discrimination, indirect discrimination, failure to make reasonable adjustments, discrimination arising from disability, and harassment. Learn your rights and how to claim.

Qualifying period required

Of disability discrimination

Employer must make reasonable changes

Who is "disabled" under the Equality Act?

You are disabled if you have a physical or mental impairment that has a substantial adverse effect on your ability to do normal day-to-day activities, and the effect is long-term.

• Physical or mental impairment:
• Any condition — cancer, MS, depression, diabetes, dyslexia, autism, injury, etc.
• Substantial adverse effect:
• Not trivial. The condition materially affects normal daily activities (mobility, dexterity, speech, memory, concentration, social interaction, etc.).
• Lasting 12 months, likely to last 12 months, or likely to recur.

Progressive conditions

Progressive conditions (cancer, MS, HIV) are treated as disabilities from the point of diagnosis, even before substantial effects begin.

Severe disfigurement

Severe disfigurement is automatically a disability regardless of impact on daily activities (with narrow exceptions).

The tribunal weighs medical evidence, your own evidence, and the statutory guidance. You do not need a formal diagnosis, but evidence of impact is essential.

5 types of disability discrimination

1. Direct discrimination

Treated less favourably because of disability. Example: Not hired because of a wheelchair, or dismissed after diagnosis. You cannot be treated worse than a non-disabled person in the same circumstances.

2. Indirect discrimination

A neutral policy disadvantages disabled people. Example: Shift work only, no flexibility — this excludes people with fatigue-based conditions. The employer must show the policy is justified (necessary and proportionate aim).

3. Failure to make reasonable adjustments

The employer knows (or should know) of your disability, a provision, criterion, or practice (PCP) or physical feature puts you at a substantial disadvantage, and the employer fails to take reasonable steps to remove the disadvantage. Example: Job requires office work but no adjustments for mobility issues.

4. Discrimination arising from disability

Treated unfavourably because of something arising as a consequence of disability. Example: Dismissed for disability-related absences (not the disability itself, but the absences caused by it). The employer can only justify this by showing a proportionate aim and reasonable means.

Unwanted conduct related to disability that violates dignity or creates an intimidating environment. Example: Name-calling, exclusion from social activities, mockery about a stammer or crutches.

Reasonable adjustments — what the employer must do

Once aware of your disability, the employer has a legal duty to make reasonable adjustments to remove disadvantage. These can include:

• Phased return to work after illness or injury
• Modified duties or temporary redeployment
• Flexible hours (part-time, compressed week, remote working)
• Different equipment or assistive technology
• Relocating or adapting the workstation
• Allowing more frequent breaks
• Adjusting targets or performance metrics
• Permitting working from home
• Mentoring or training support

The employer bears the cost of adjustments, unless it would be disproportionate. For large employers, a high cost is rarely disproportionate.

Employer's knowledge of disability

If you have told the employer (verbally, via email, or in a sickness letter mentioning the condition), they know.

Constructive knowledge:

The employer should reasonably be aware. If you have frequent absences, adjustments notes from occupational health, or your condition is obvious, the employer cannot claim ignorance.

Once you mention a health condition or request flexibility, the employer must make reasonable enquiries to understand the impact and identify appropriate adjustments.

Tell your employer about your disability and any adjustments needed as soon as possible. Document this in writing (email, letter, occupational health referral). Do not assume they will guess.

Compensation for disability discrimination

Unlike unfair dismissal, disability discrimination compensation has no cap.

The tribunal awards compensation for distress, humiliation, and loss of enjoyment. Vento bands set the framework (claims presented on or after 6 April 2026): lower £1,300–£12,600, middle £12,600–£37,700, upper £37,700–£62,900, exceptional above £62,900.

Lost wages from dismissal or forced leave.

Lost earning potential if you cannot return to work.

If the employer's conduct was particularly egregious (e.g. mocking your disability during investigation), the tribunal may add aggravated damages.

Discrimination compensation is awarded for the harm suffered, not as punishment. The tribunal bases awards on the seriousness of the breach, duration, and impact on you.

How to bring a disability discrimination claim

No qualifying period

Unlike unfair dismissal, disability discrimination claims have no qualifying employment period. You can claim from day one.

ACAS early conciliation (mandatory)

Contact ACAS within 3 months of the act of discrimination.

ACAS will attempt to mediate. The 3-month limit is paused during early conciliation.

File ET1 (within 3 months)

Submit your claim form to the Employment Tribunal naming the employer and describing: your disability, the acts of discrimination, the dates, witnesses, impact on you. The 3-month clock runs from the last act of discrimination (important for ongoing conduct).

Once you show facts from which disability discrimination could be inferred, the burden shifts to the employer to prove otherwise. This is more favorable than ordinary claims.

Building your case — evidence to gather

• GP letter, diagnosis, hospital reports, medication details. Show the condition has lasted/will last 12 months and has substantial effect on normal activities.
• A diary or statement describing daily impact — difficulty with mobility, fatigue, concentration, social interaction, etc.
• Occupational health reports:
• Any reports from the employer's occupational health provider.
• Emails or letters where you told the employer about your condition or requested adjustments.
• Absence notes, HR letters about performance or capability.
• Colleagues who saw the discrimination or impact on you.
• Disciplinary/capability records:
• If dismissed or subjected to performance management, gather all related documents to show timing and that reason given was pretextual.

Frequently asked questions

Workplace discrimination claim

General guide to discrimination law.

Injury to feelings and Vento bands

Understanding compensation bands.

Protected characteristics glossary

What counts as a protected characteristic.

Facing disability discrimination at work?

Start My Claim guides you through documenting your disability, the discriminatory acts, gathering medical and workplace evidence, and building a strong tribunal claim. Start free today.

Start your free case →

Your claim, estimated

What could you actually be owed?

No sign-up, no card, no email. Your numbers just appear below as you type — then you decide whether to build the full case.

Start My Claim is not a law firm. Content is for informational purposes only and does not constitute legal advice.

© 2026 Vindivo Limited