What is Disability Discrimination?
Disability discrimination occurs when someone is treated unfairly or less favourably because of a disability. In the UK, this type of discrimination is unlawful under the Equality Act 2010, which is the main piece of legislation protecting disabled people’s rights. The Act covers a wide range of situations, including employment, education, access to goods and services, housing, and public functions.
Under the Equality Act 2010, a disability is defined as a physical or mental impairment that has a substantial and long-term negative impact on a person’s ability to carry out normal day-to-day activities. The law recognises disability as one of several protected characteristics under the Equality Act 2010, meaning it is illegal to discriminate against someone because of their disability.
Examples of disability discrimination can include:
- An employer refusing to make reasonable adjustments for a disabled employee, such as providing special equipment or flexible working hours.
- A school failing to provide support for a student with a learning difficulty, resulting in the student being excluded from activities.
- A shop or restaurant not making their premises accessible to wheelchair users.
- A landlord refusing to rent a property to someone because they have a guide dog.
The Equality Act 2010 recognises several forms of disability discrimination:
- Direct discrimination: This happens when a person is treated worse than someone else because of their disability. For example, not offering someone a job purely because they are disabled.
- Indirect discrimination: This occurs when a rule or policy applies to everyone but disadvantages people with a disability. For instance, a workplace policy requiring all staff to use stairs could disadvantage wheelchair users. For more information on these concepts, visit direct and indirect discrimination.
- Harassment: This involves unwanted behaviour related to disability that makes someone feel offended, humiliated, or intimidated. For example, making jokes or derogatory comments about someone’s disability.
- Victimisation: This is when someone is treated unfairly because they have made a complaint about disability discrimination or supported another person’s complaint.
Disability discrimination can happen in many areas of daily life, not just at work. The law is designed to ensure that disabled people have equal opportunities and access to services, education, and employment. For a detailed overview of how the law protects disabled people in different situations, you can read more about the Equality Act 2010.
Understanding Disability Under the Equality Act 2010
Understanding what counts as a disability is essential for knowing your rights under the Equality Act 2010. In the UK, the law provides a clear definition to ensure that people with a wide range of conditions are protected from discrimination.
What Legally Counts as a Disability?
According to the Equality Act 2010, you are considered disabled if you have a physical or mental impairment that has a "substantial" and "long-term" negative effect on your ability to do normal daily activities. The law is designed to cover not only visible disabilities, such as mobility impairments, but also less obvious or "invisible" conditions like mental health issues, learning difficulties, and chronic illnesses.
For more details on the official legal definition, you can visit the government’s guidance on long-term physical or mental impairments. Here, "substantial" means more than minor or trivial, and "long-term" generally means the impairment has lasted, or is expected to last, for at least 12 months or for the rest of your life.
The Criteria for Defining Disability
The Equality Act sets out specific criteria to determine whether someone is protected:
- Physical or mental impairment: This includes a wide range of conditions, from mobility and sensory impairments to mental health conditions like depression, anxiety, or schizophrenia.
- Substantial effect: The impairment must make it significantly harder for you to carry out everyday activities, such as walking, reading, concentrating, or communicating.
- Long-term impact: The effects must last, or be expected to last, at least 12 months. Progressive conditions, such as multiple sclerosis or cancer, are also covered from the point of diagnosis.
For a detailed explanation of how mental health conditions are treated under the law, see the analysis of Section 6 of the Equality Act 2010, which highlights the importance of considering the effect of the impairment, not just the diagnosis.
Protection for a Wide Range of Disabilities
The Equality Act 2010 is deliberately broad in scope. It covers not just obvious physical disabilities, but also conditions that may not be immediately apparent to others. This includes:
- Mental health conditions (e.g., depression, bipolar disorder)
- Learning disabilities (e.g., dyslexia, autism)
- Long-term illnesses (e.g., diabetes, HIV, cancer)
- Sensory impairments (e.g., hearing or sight loss)
Employers, educators, and service providers must not discriminate against anyone who meets these criteria. They also have a duty to make reasonable adjustments to support disabled people, ensuring fair treatment in work, education, and access to services. For a comprehensive overview of these protections, visit Equality Act 2010.
Recognising Invisible Disabilities
Many disabilities are not immediately visible. Conditions like chronic fatigue syndrome, epilepsy, or mental health disorders can have a profound impact on daily life, even if the person does not use a wheelchair or other visible aids. It is important for employers, colleagues, and service providers to be aware that disability is not always obvious and to approach each situation with sensitivity and understanding.
Recognising invisible disabilities helps ensure everyone receives the support and fair treatment they are entitled to under the law. If you think you may be covered by the Equality Act 2010, it is worth seeking advice or reading more about your rights.
If you would like to learn more about how the law applies to your situation, or what steps you can take if you experience discrimination, explore the resources linked above for further guidance.
Rights of Disabled People
The Equality Act 2010 sets out clear and important rights for disabled people in the UK. This law makes it illegal to discriminate against someone because of their disability and ensures that disabled individuals are treated fairly in all areas of life, including work, education, and when using everyday services.
Key Rights Under the Equality Act 2010
Disabled people are protected from unfair treatment in a wide range of situations. The Equality Act 2010 covers employment, education, buying or renting property, accessing public services, and more. This means that employers, schools, landlords, and service providers all have a legal duty to make sure disabled people are not treated less favourably than others.
Fair Treatment at Work, in Education, and Accessing Services
At work, disabled employees have the right to equal opportunities in recruitment, promotion, training, and day-to-day treatment. Employers must not discriminate against someone because of their disability or because they have made a complaint about discrimination. Similarly, schools, colleges, and universities must ensure disabled students are not disadvantaged and can fully participate in education.
When accessing services – such as shops, banks, public transport, healthcare, and local government – service providers must make sure their services are accessible. Disabled people should be able to use these services just like anyone else.
Protection from Being Treated Less Favourably
The law protects you from being treated less favourably because of your disability. This includes direct discrimination (being treated worse because of your disability), indirect discrimination (policies or practices that disadvantage disabled people), harassment, and victimisation. For example, an employer cannot refuse you a job simply because you are disabled, or a service provider cannot deny you access to a service for the same reason.
Right to Reasonable Adjustments
One of the most important protections under the Equality Act 2010 is the right to reasonable adjustments. This means that employers, education providers, and service providers must take steps to remove barriers that might put disabled people at a disadvantage. Reasonable adjustments can include changes to physical features, providing extra support, or adapting the way things are done.
For example, at work, you might be entitled to workplace accommodations such as flexible working hours, specialist equipment, or changes to your duties. In education, this could mean extra support or accessible learning materials. When using services, adjustments might include ramps, accessible toilets, or alternative ways to communicate.
If you need changes to your home or require specific support to access services, you can find out more about disability adjustments and how to request them.
Employers and service providers must consider each person’s individual needs and make adjustments that are reasonable and practical in their circumstances. You can learn more about what counts as reasonable and how to request changes in the workplace by visiting the What reasonable adjustments are – Reasonable adjustments at work – Acas page.
Further Information
To read more about your legal rights as a disabled person and how the law protects you, visit the Equality Act 2010 resource from Disability Rights UK. This guide explains in detail where and how the law applies, and what to do if you feel you have been discriminated against.
Understanding your rights is the first step to ensuring fair treatment and equal opportunities in all areas of life. If you believe your rights have been breached, there are steps you can take to challenge discrimination and seek support.
Disability Discrimination in the Workplace
Disability discrimination in the workplace is prohibited under the Equality Act 2010. This means that employers must treat disabled employees and job applicants fairly at every stage of employment, including recruitment, promotion, training, and dismissal. Discrimination can be direct – such as refusing to hire someone because of their disability – or indirect, for example, when workplace policies unintentionally disadvantage disabled people.
Employers also have a legal duty to make ‘reasonable adjustments’ to remove barriers that might put disabled workers at a disadvantage. These adjustments are changes to the work environment or the way things are done to help disabled employees carry out their job. Examples of reasonable adjustments include providing specialist equipment, changing working hours, offering remote or flexible working, or making physical changes to the workplace, such as installing ramps or accessible toilets. For more practical guidance on what adjustments could be available, see our section on workplace accommodations.
It is important to note that what counts as a reasonable adjustment depends on the individual’s needs and the size and resources of the employer. Employers must also ensure that disabled employees are not harassed or victimised because of their disability.
If you believe you have experienced disability discrimination at work, you should first raise your concerns with your employer, either informally or through a formal grievance procedure. If the issue is not resolved, you may be able to bring a claim to an Employment Tribunal, which is an independent body that decides cases of discrimination at work. There are strict time limits for making a claim, so it is important to act promptly.
Understanding your rights and your employer’s responsibilities is key to ensuring fair treatment at work. If you need further support, consider seeking advice from a trade union, an advice agency, or a legal professional familiar with disability discrimination law.
Disability Discrimination in Education
Disability Discrimination in Education
Under the Equality Act 2010, disabled students in the UK are protected from discrimination in all areas of education, including schools, colleges, and universities. This law ensures that disabled learners have the same rights to education and opportunities as everyone else.
Rights of Disabled Students
The Equality Act 2010 makes it unlawful for educational institutions to treat disabled students less favourably because of their disability. This protection applies to all aspects of education, from admissions and classroom learning to extracurricular activities and assessments. Disabled students have the right to expect fair treatment, and to access the same educational opportunities as their non-disabled peers.
Duties of Schools, Colleges, and Universities
Education providers have a legal responsibility to prevent disability discrimination. This includes:
- Not directly discriminating against a student because of their disability.
- Not indirectly discriminating through policies or practices that disadvantage disabled students.
- Protecting students from harassment or victimisation related to disability.
Institutions must actively promote equality and take steps to remove barriers that could prevent disabled students from fully participating in education.
Making Reasonable Adjustments
A key requirement of the Equality Act 2010 is that schools, colleges, and universities must make "reasonable adjustments" to support disabled learners. This means taking practical steps to ensure disabled students are not disadvantaged compared to others. These adjustments are tailored to the individual’s needs and can cover a wide range of changes to policies, practices, or the physical environment.
For a clear explanation of what reasonable adjustments involve, see reasonable adjustments.
Some examples of reasonable adjustments in education settings include:
- Providing course materials in accessible formats, such as large print, braille, or audio.
- Adjusting teaching methods or timetables to accommodate medical appointments or fatigue.
- Installing ramps, lifts, or accessible toilets to improve physical access.
- Allowing extra time in exams or assignments for students with learning difficulties or health conditions.
- Providing specialist equipment, such as hearing loops or adapted computers.
- Offering support staff, such as sign language interpreters or note-takers.
The duty to make reasonable adjustments is ongoing. Schools, colleges, and universities should regularly review their practices and consult with disabled students to ensure their needs are met.
What to Do If You Experience Discrimination
If a disabled student feels they have been discriminated against, they can raise the issue with the education provider. It is often helpful to discuss concerns informally first, but formal complaints procedures are also available. In some cases, legal action can be taken if the institution fails to meet its obligations under the Equality Act 2010.
Understanding your rights and the responsibilities of education providers is the first step in ensuring fair treatment for all students. For more detailed guidance on reasonable adjustments, visit reasonable adjustments.
Access to Goods, Services and Facilities
Access to Goods, Services and Facilities
Under the Equality Act 2010, disabled people are legally protected from discrimination when accessing goods, services, and facilities in the UK. This applies to a wide range of everyday situations, including visiting shops, using public transport, attending healthcare appointments, banking, eating in restaurants, and accessing entertainment venues. Service providers – such as retailers, transport companies, hospitals, leisure centres, and local councils – must not treat disabled people less favourably because of their disability.
What Counts as Discrimination in Service Provision?
Discrimination can occur in several ways when accessing services. Some common examples include:
- Refusing service: A shop or restaurant refusing to serve a disabled person because of their disability.
- Providing a lower standard of service: A healthcare provider failing to offer accessible information or communication support.
- Unfair treatment: A cinema charging extra for wheelchair users or not providing accessible seating.
- Harassment or victimisation: Staff making derogatory remarks or treating someone unfairly after they complain about discrimination.
The law also covers indirect discrimination, where a policy or practice unintentionally disadvantages disabled people. For example, a bank with only high counters may indirectly discriminate against wheelchair users.
Duty to Make Reasonable Adjustments
Service providers have a legal duty to make reasonable adjustments to ensure disabled people can access their services as easily as everyone else. Reasonable adjustments might include:
- Installing ramps, lifts, or automatic doors for better physical access.
- Providing information in accessible formats, such as large print or Braille.
- Offering induction loops for people with hearing impairments.
- Allowing assistance dogs into premises where animals are usually not permitted.
What counts as “reasonable” depends on factors like the size and resources of the organisation, how practical the adjustment is, and whether it effectively removes the barrier. The aim is always to remove or reduce the disadvantage experienced by disabled people.
For further details on the legal requirements, you can refer directly to Equality Act 2010, Section 29, which sets out the responsibilities of service providers to prevent discrimination.
Challenging Unfair Treatment
If you believe you have been discriminated against when accessing goods, services, or facilities, you have the right to challenge this treatment. Steps you can take include:
- Raise the issue informally: Speak to the service provider or use their complaints process to explain the problem and request a solution.
- Seek advice: Organisations such as Citizens Advice or disability charities can offer guidance on your rights and options.
- Take legal action: If the issue is not resolved, you may be able to bring a claim under the Equality Act 2010. This usually involves making a claim to the County Court (not the Employment Tribunal, which is for employment cases). Legal time limits apply, so it’s important to act promptly.
While Discrimination cases at the Employment Tribunal | EHRC focuses on employment situations, it provides useful information about how discrimination claims are handled, including time limits, the burden of proof, and possible outcomes.
Your Rights and Further Support
The law is clear: disabled people must have equal access to goods, services, and facilities. Service providers are expected to anticipate and address barriers, not just react when a problem arises. If you experience discrimination, you are protected by the Equality Act 2010, and support is available to help you assert your rights.
For more information, you can read the full Equality Act 2010, Section 29 or learn about reasonable adjustments and how they apply in practice.
How to Make a Complaint About Disability Discrimination
If you believe you have experienced disability discrimination, there are clear steps you can take to address the issue and seek a fair outcome. The Equality Act 2010 protects your rights and sets out the responsibilities of employers, educational institutions, and service providers to treat disabled people fairly. Here’s what you should do if you feel you have been treated unfairly because of your disability:
1. Gather Evidence
Start by collecting as much information as possible about what happened. This could include:
- Written records of incidents (dates, times, what was said or done)
- Copies of relevant emails, letters, or messages
- Details of any witnesses who saw or heard what happened
Having clear evidence will help support your complaint, whether you raise it informally or formally.
2. Use Internal Complaint Procedures
If the discrimination happened at work, in education, or when using a service (such as a shop, GP surgery, or public transport), you should first use the organisation’s internal complaints process. Most employers and service providers have formal procedures for dealing with complaints of discrimination.
- At work: Raise your concerns with your manager, HR department, or through your workplace’s grievance procedure.
- In education: Contact the school, college, or university’s complaints department or designated disability officer.
- In services: Ask the organisation for details of their complaints process, or check their website for information.
Clearly explain what happened, why you believe it was discrimination under the Equality Act 2010, and what outcome you are seeking.
3. Seek Advice and Support
If you are unsure about your rights or need help making a complaint, you can contact the Equality Advisory Support Service (EASS). They offer free advice and support on discrimination issues and can guide you through the process.
You can also seek independent legal advice from a solicitor or advice agency. For more detailed information about your rights under the Equality Act 2010 and practical guidance on making a complaint, visit The Equality Act and Disabled people | Disability Rights UK.
4. Making a Formal Claim
If your complaint is not resolved through internal procedures, you may be able to take legal action.
- Employment situations: If you believe you have been discriminated against at work, you can make a claim to an Employment Tribunal. There are strict time limits – usually you must start the process within three months of the discriminatory act. The tribunal can order remedies such as compensation or changes in workplace practices.
- Other situations: For discrimination outside of employment (such as in education or when using services), you may be able to make a claim in the county court. The time limit is usually six months from when the discrimination happened.
Before making a claim, it’s often recommended to try and resolve the issue informally or through the organisation’s complaints process. However, if this does not work, taking legal action may be necessary to protect your rights.
5. What Outcomes Can You Expect?
If your complaint or claim is successful, possible outcomes include:
- Compensation for injury to feelings or financial loss
- An apology or a formal acknowledgement of wrongdoing
- Changes in policies or practices to prevent future discrimination
Further Information
For detailed advice about your rights and step-by-step guidance on how to make a complaint, visit the Equality Act 2010 resource. If you are considering making a claim to an employment tribunal, the Employment Tribunal guidance explains the process, time limits, and what to expect.
Taking action against disability discrimination can feel daunting, but support is available to help you assert your rights and achieve fair treatment.
Support and Benefits for Disabled People
Support and Benefits for Disabled People
Living with a disability can present extra challenges, but a range of support and benefits are available to help disabled people in the UK lead independent, fulfilling lives. This support is designed not only to provide financial assistance but also to ensure equal access to services, education, and employment, as protected by the Equality Act 2010.
Financial Support: Disability Benefits
The UK offers several disability benefits to help cover the extra costs that can arise from living with a disability. These benefits are available to both adults and children, depending on their needs and circumstances. For a detailed overview of the types of financial support available, see our guide to disability benefits.
Two of the most important benefits are:
- Personal Independence Payment (PIP): PIP is designed to help adults aged 16 to State Pension age with the extra costs of living with a long-term health condition or disability. It is not means-tested, so your income and savings do not affect your eligibility. To learn more about who can claim, how to apply, and what the benefit covers, visit Personal Independence Payment (PIP) | Disability Rights UK.
- Disability Living Allowance (DLA): DLA is a benefit for children under 16 who have a disability and need extra help with personal care or getting around. DLA can make a real difference in supporting families with disabled children. For more information about eligibility and how to claim, see Disability Living Allowance (DLA) | Disability Rights UK.
These benefits are intended to help with the additional costs of daily living, mobility, or care needs that arise from a disability. Receiving them does not affect your rights under the Equality Act 2010, but they can be important evidence when seeking reasonable adjustments at work, in education, or when accessing services.
Practical Support and Reasonable Adjustments
Beyond financial help, disabled people are entitled to practical support to ensure they are not treated unfairly. Under the Equality Act 2010, employers, schools, colleges, and service providers must make “reasonable adjustments” to remove barriers faced by disabled people. This might include providing accessible facilities, specialist equipment, or flexible working arrangements.
If you receive disability benefits, this can support your request for reasonable adjustments, as it provides official recognition of your needs. However, you do not need to be claiming benefits to be protected from discrimination or to request adjustments.
Protecting Your Rights
Accessing support and claiming disability benefits are important steps in protecting your rights. The Equality Act 2010 makes it unlawful for employers, education providers, and service providers to discriminate against you because of your disability. If you believe your rights are not being respected, or if you face barriers in work, education, or public services, you can seek further advice and support.
For more details on your legal protections and how to challenge discrimination, explore the other sections of this page or speak to a specialist adviser.
Support and benefits are there to help you live as independently as possible and to ensure you are treated fairly in all areas of life. If you think you might be eligible for financial support, or if you need help understanding your rights, don’t hesitate to seek advice or explore the resources linked above.
Related Types of Discrimination Under the Equality Act 2010
The Equality Act 2010 protects people in the UK from discrimination on the basis of several characteristics, not just disability. These are known as protected characteristics, and they include age, race, sex, sexual orientation, gender reassignment, pregnancy and maternity, religion or belief, and more. The law aims to ensure that everyone is treated fairly and given equal opportunities, whether at work, in education, when accessing services, or in other areas of public life.
While disability discrimination specifically concerns unfair treatment because of a person’s disability, the Equality Act 2010 also makes it unlawful to discriminate based on other characteristics. For example, race discrimination occurs when someone is treated unfairly because of their race, ethnicity, or nationality. Age discrimination involves treating someone less favourably due to their age, and pregnancy and maternity discrimination protects those who are pregnant or on maternity leave. Other forms include sexual orientation discrimination, trans and non-binary discrimination, gender and sex discrimination, and religious or belief-based discrimination.
Although each type of discrimination has its own specific rules and protections, there are many similarities in how the law addresses unfair treatment. For instance, the Equality Act 2010 covers direct discrimination (treating someone less favourably because of a protected characteristic), indirect discrimination (when a rule or policy disadvantages people with a protected characteristic), harassment, and victimisation across all these areas.
Understanding disability discrimination in the context of these other protections can help you see the broader framework of rights and responsibilities under the law. If you want to know more about how the Equality Act 2010 works for disabled people and other groups, exploring these related topics can give you a fuller picture of your rights and how to challenge unfair treatment.
