Understanding Disability Discrimination at Work
Disability discrimination at work happens when someone is treated unfairly because of a disability. In the UK, this kind of discrimination is illegal and is taken seriously under the law. Understanding what counts as disability discrimination is the first step to protecting your rights and ensuring fair treatment in the workplace.
What Is Disability Discrimination?
Under UK law, disability discrimination means treating a person less favourably because of a physical or mental impairment that has a substantial and long-term negative effect on their ability to carry out normal daily activities. The law recognises that discrimination can be direct (such as refusing to hire someone because they use a wheelchair) or indirect (such as workplace rules that disadvantage people with certain conditions).
If you want to explore the legal definition in more detail, see What is Disability Discrimination?
The Equality Act 2010: Your Legal Protection
The main law protecting disabled people at work is the Equality Act 2010. This Act makes it unlawful for employers to discriminate against employees or job applicants because of disability. It covers all aspects of employment, including recruitment, pay, training, promotion, and dismissal.
Employers must make ‘reasonable adjustments’ to ensure disabled workers are not put at a disadvantage compared to non-disabled colleagues. This could mean adjusting working hours, providing special equipment, or changing the way tasks are carried out.
For a full overview of your rights at work, you can also visit Disability Rights at Work on GOV.UK.
Why Recognising Discrimination Matters
Recognising disability discrimination is crucial for protecting your rights and taking action if you are treated unfairly. Discrimination is not always obvious – it can include being overlooked for promotions, being excluded from meetings, or not being given the support you need to do your job. Even questions about your health or disability during recruitment must follow strict rules, and you cannot be selected for redundancy just because you are disabled.
Understanding your rights empowers you to speak up and seek support if you experience unfair treatment. If you want to learn more about the broader legal protections and support available, see our guide to Disability Rights at Work.
By knowing the law and recognising the signs of discrimination, you can take steps to ensure you are treated fairly and with respect at work.
Types of Disability Discrimination You Might Experience
When it comes to disability discrimination at work, UK law – specifically the Equality Act 2010 – protects you from several different forms of unfair treatment. Understanding these types can help you identify when your rights may have been breached and what steps you can take next.
Direct Discrimination
Direct discrimination happens when you are treated less favourably than someone else because of your disability. For example, if an employer refuses to interview you solely because you use a wheelchair, this is direct discrimination. The law is clear: employers cannot treat you worse than others simply because you are disabled.
Indirect Discrimination
Indirect discrimination is less obvious but just as serious. It occurs when an employer has a policy, rule, or way of working that applies to everyone but puts disabled people at a disadvantage. For instance, if a company has a policy that all employees must attend weekly meetings on the top floor with no lift access, this could indirectly discriminate against those with mobility impairments. Employers must make reasonable adjustments to avoid this kind of disadvantage.
Discrimination Arising from Disability
This type of discrimination happens when you are treated unfairly not because of your disability itself, but because of something connected to it. For example, if you need time off for medical appointments related to your disability and your employer disciplines you for this absence, it could be discrimination arising from disability. The law expects employers to consider whether your needs are linked to your disability and to respond fairly.
Harassment Related to Disability
Harassment is unwanted behaviour related to your disability that makes you feel offended, humiliated, or intimidated. This could include jokes, comments, or exclusion from workplace activities because of your disability. For example, if colleagues repeatedly make fun of your hearing aid or mimic your speech, this is harassment and is prohibited under the Equality Act.
Victimisation
Victimisation occurs when you are treated badly because you have complained about disability discrimination or supported someone else’s complaint. For example, if you raise a concern about inaccessible facilities and your manager then overlooks you for promotion, this could be victimisation. The law protects you from retaliation for standing up for your rights.
If you want to learn more about the different ways discrimination can appear in the workplace, including those not related to disability, see our guide on Types of Workplace Discrimination.
Understanding these forms of discrimination is the first step toward protecting your rights at work. If you believe you have experienced any of these situations, you may have grounds to take action under the Equality Act 2010.
Examples of Disability Discrimination in the Workplace
Disability discrimination at work can take many forms, some obvious and others more subtle. Recognising these situations is the first step in protecting your rights. Here are some common examples of how disability discrimination may appear in the workplace:
Being Passed Over for Promotion or Training
If you are consistently overlooked for promotions, training, or development opportunities because of your disability, this could be unlawful discrimination. Employers must not treat disabled employees less favourably when it comes to career progression. For example, if a manager assumes you cannot handle more responsibility due to your disability, and therefore does not consider you for advancement, this may breach your rights under the Equality Act 2010.
Unfair Dismissal or Demotion
It is against the law for an employer to dismiss or demote you because of your disability. This includes situations where an employer uses your disability as a reason to end your employment or reduce your job status, rather than considering reasonable adjustments or alternative solutions. If you believe your dismissal or demotion is linked to your disability, you may have grounds to challenge this decision.
Refusal to Provide Reasonable Adjustments
Employers are legally required to make reasonable adjustments to help disabled employees do their jobs. This might include providing special equipment, changing work hours, or modifying duties. If your employer refuses to consider or ignores your requests for reasonable adjustments without a valid reason, this could be a form of discrimination. The law expects employers to take proactive steps to remove barriers that put disabled people at a disadvantage.
Negative Comments, Bullying, or Exclusion
Harassment related to disability is also unlawful. This could involve colleagues or managers making negative remarks, jokes, or comments about your disability, or excluding you from meetings, social events, or team activities. Bullying or creating a hostile environment because of your disability is not acceptable and may be classed as harassment under the Equality Act.
Discriminatory Recruitment and Selection Practices
Disability discrimination can start even before you are employed. If job adverts, application processes, or interviews are set up in a way that puts disabled candidates at a disadvantage, or if you are rejected for a role because of your disability, this could be unlawful. Employers must ensure that recruitment processes are fair and accessible to all candidates, and must not ask health or disability-related questions unless they are directly relevant to the job.
Understanding what counts as disability discrimination is crucial for recognising your rights and taking action if needed. To learn more about how UK law protects you at work, see our guide on Disability Discrimination in the Workplace.
Reasonable Adjustments: What Employers Must Do
Reasonable adjustments are changes or adaptations that employers must make to remove barriers faced by disabled employees or job applicants. These adjustments are vital because they help ensure that everyone has a fair chance to work and thrive, regardless of disability or health condition. Without reasonable adjustments, disabled workers may be put at a disadvantage compared to their non-disabled colleagues.
What Are Reasonable Adjustments?
A reasonable adjustment is any change that helps a disabled person overcome substantial difficulties in the workplace. This could involve altering the way things are done, providing extra equipment, or making changes to the physical environment. The aim is to level the playing field so that disabled employees are not unfairly excluded or hindered at work.
Examples of Reasonable Adjustments
Reasonable adjustments in the workplace can include:
- Providing specialist equipment, such as an adapted keyboard or screen reader
- Allowing flexible working hours or remote working
- Adjusting performance targets or deadlines
- Offering additional breaks or rest periods
- Modifying duties or reallocating some tasks
- Making physical changes to the workplace, like installing ramps or accessible toilets
- Allowing a phased return to work after illness or injury
The right adjustment depends on the individual’s needs and the nature of their role. Employers are expected to discuss options with the employee to find practical solutions.
The Legal Duty on Employers
Under the Equality Act 2010, employers in the UK have a legal duty to make reasonable adjustments for disabled workers and job applicants. This duty applies to all aspects of employment, including recruitment, training, promotion, and day-to-day working conditions. If an employer fails to make reasonable adjustments when they are needed, it may count as disability discrimination.
To understand the full scope of what’s required, you can find more guidance on the Employer Duty to Make Reasonable Adjustments and official information from the government on Employer Duty to Make Reasonable Adjustments.
How to Request Adjustments
If you think you need adjustments at work because of a disability or health condition, it’s important to speak to your employer as soon as possible. You might find it helpful to read our guide on How to Ask for Reasonable Adjustments at Work, which explains the process and what to expect.
Related Information
The duty to make reasonable adjustments isn’t limited to workplaces. Businesses and service providers also have legal responsibilities to support disabled people. You can learn more about these wider protections in our section on Reasonable Adjustments Businesses Must Make.
By understanding your rights and the steps employers must take, you can help ensure a more inclusive and supportive workplace for everyone.
Your Rights and What You Can Do If You Face Discrimination
If you believe you are experiencing disability discrimination at work, UK law gives you clear rights and protections. The Equality Act 2010 makes it unlawful for employers to discriminate against you because of your disability. Understanding your rights and knowing the steps you can take is essential for protecting yourself and seeking fair treatment.
Your Right to Speak Up
You have the legal right to raise concerns or complain if you feel you have been treated unfairly due to your disability. This includes being denied reasonable adjustments, being harassed, or facing unfair dismissal or demotion. Employers must not victimise you for making a complaint – meaning they cannot treat you badly because you spoke up.
Documenting and Reporting Discrimination
If you experience discrimination, start by keeping a detailed record. Write down what happened, when, where, and who was involved or witnessed the incident. Save any relevant emails, messages, or documents. This evidence will be important if you decide to make a formal complaint or take further action. You may find it helpful to use the Form for Reporting Discrimination, which guides you through documenting your experiences and explains your options.
Raising Concerns Informally and Formally
In many cases, it is best to try to resolve the issue informally first, such as by discussing your concerns with your manager or HR department. If this does not resolve the problem, or if you do not feel comfortable raising the issue informally, you have the right to make a formal complaint, often called raising a grievance. Your employer should have a written procedure for this.
For step-by-step advice on this process, see How to Raise Concerns at Work. This guide explains how to make a formal grievance, what to expect during the process, and what happens if the issue is not resolved. You can also read our practical tips on How to Raise Concerns at Work for additional support.
Making a Formal Complaint or Legal Claim
If your employer does not address your complaint, or if you believe your rights have been seriously breached, you may be able to make a legal claim. This could involve taking your case to an employment tribunal, which is an independent body that decides disputes between employees and employers.
Before you can make a claim to a tribunal, you must usually notify Acas (the Advisory, Conciliation and Arbitration Service) to try and resolve the dispute through early conciliation. There are strict time limits – usually three months less one day from when the discrimination happened or your employment ended. For a full overview of the tribunal process and what to expect, see How to File a Complaint with the Employment Tribunal.
You can also learn more about the legal process and your rights in our section on How to Make a Complaint About Disability Discrimination.
Getting Support and Advice
Facing discrimination at work can be stressful and isolating. You do not have to deal with it alone. Trade unions can offer advice, representation, and support throughout the process. You may also wish to seek guidance from a legal adviser or solicitor with experience in employment law.
Remember, the law is on your side. Taking action not only protects your own rights but can help create a fairer workplace for everyone. If you need further help, explore our related resources or speak to a trusted adviser.
Related Topics to Explore
When learning about disability discrimination at work, it’s helpful to explore related topics that can give you a fuller understanding of your rights and the support available. Below are some key areas you may want to look into:
What Counts as a Disability at Work?
Not every health condition or impairment is automatically considered a disability under UK law. The Equality Act 2010 sets out a specific definition: a disability is a physical or mental impairment that has a substantial and long-term negative effect on your ability to do normal daily activities. If you’re unsure whether your condition meets this definition, our guide on What Counts as a Disability at Work? explains the criteria in detail, with practical examples to help you understand if you are protected by the law.
How to Register as Disabled at Work
While you don’t have to formally register as disabled to be protected by the Equality Act, telling your employer about your disability can make it easier to access support, such as reasonable adjustments. It can also help ensure you’re covered if you need to challenge discrimination. To learn more about the process and the potential benefits, see How to Register as Disabled at Work.
Your Rights if You Have Mental Health Conditions at Work
Mental health conditions like depression, anxiety, or bipolar disorder can also be classed as disabilities if they have a substantial and long-term impact on your daily life. If you’re facing challenges at work because of your mental health, it’s important to know your rights and what support you can ask for. Find out more in our dedicated guide, Mental Health and Work: Your Rights.
Want to Know More About Disability Discrimination in the Workplace?
If you’re looking for a broader understanding of how the law protects you from discrimination at work, including your rights and the responsibilities of employers, our page on Disability Discrimination in the Workplace breaks down the legal framework and what you can do if you think your rights have been breached.
Exploring these topics can help you feel more confident about your rights at work and what steps you can take if you need support or face discrimination.
