If you have a physical or mental health condition that affects your working life, UK law gives you strong protection. A disability discrimination law firm helps employees and employers understand where the line falls between lawful management and unlawful discrimination under the Equality Act 2010. This guide explains what counts as a disability, the six forms of disability discrimination, your employer’s duty to make reasonable adjustments, and how compensation works if your rights are breached. Whether you are an employee considering a claim or an employer reviewing your policies, you will find practical, UK-specific guidance below — including when specialist advice from discrimination solicitors becomes essential.
What Counts as a Disability Under the Equality Act 2010
Under section 6 of the Equality Act 2010, a person has a disability if they have a physical or mental impairment that has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities. Each of those words carries legal weight.
“Substantial” means more than minor or trivial. “Long-term” means the effect has lasted, or is likely to last, at least 12 months — or is likely to last for the rest of the person’s life. Conditions that fluctuate, such as depression, anxiety or multiple sclerosis, can still qualify. “Normal day-to-day activities” covers the things most people do regularly: walking, concentrating, using a computer, interacting with colleagues or keeping to a timetable.
You do not need a formal diagnosis for the legal definition to apply, although medical evidence makes a claim far easier to prove. Certain conditions — cancer, HIV infection and multiple sclerosis — are automatically treated as disabilities from the point of diagnosis.
A common mistake is assuming that only visible impairments count. Mental health conditions such as anxiety, depression and PTSD frequently meet the statutory test. A disability discrimination law firm will usually begin by testing the facts against these three elements — impairment, substantial effect and long-term nature — before advising on the strength of any claim.
The Six Types of Disability Discrimination at Work
Disability enjoys the widest protection of any protected characteristic because the Equality Act creates six distinct routes to a claim:
- Direct discrimination (section 13): less favourable treatment because of disability itself — for example, rejecting a strong candidate simply because they use a wheelchair.
- Indirect discrimination (section 19): a provision, criterion or practice (PCP) applied to everyone that puts disabled people at a particular disadvantage and cannot be objectively justified — such as a blanket requirement that all staff work rotating night shifts.
- Discrimination arising from disability (section 15): unfavourable treatment because of something arising in consequence of disability, such as disability-related absence, unless the employer can show it was a proportionate means of achieving a legitimate aim. No comparator is needed, which makes section 15 claims particularly powerful.
- Failure to make reasonable adjustments (sections 20–21): where a PCP, a physical feature of the workplace, or the absence of an auxiliary aid puts a disabled worker at a substantial disadvantage, the employer must take reasonable steps to remove it. The failure itself is unlawful discrimination.
- Harassment (section 26): unwanted conduct related to disability that violates a person’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment.
- Victimisation (section 27): subjecting someone to a detriment because they did a “protected act”, such as raising a grievance about discrimination or giving evidence for a colleague.
A single set of facts can trigger more than one of these routes, and each has different legal tests and defences. An experienced discrimination solicitor will identify every viable route rather than relying on just one. For the general framework that applies across all protected characteristics, see our complete guide to workplace discrimination.
The Duty to Make Reasonable Adjustments
Once an employer knows — or should reasonably know — that a worker is disabled and at a substantial disadvantage, the duty to make reasonable adjustments is triggered. What counts as reasonable depends on the employer’s size and resources, the cost and practicality of the step, and how effective it would be.
Common adjustments include:
- Adjusted working hours, or a phased return to work after a period of sick leave
- Specialist equipment, such as ergonomic seating, screen readers or voice-recognition software
- Reallocating minor duties or adjusting performance targets while treatment continues
- Paid or unpaid time off for medical appointments and treatment
- Home working, or moving a workstation to an accessible floor
- Providing policies and training materials in accessible formats
Adjustments must be kept under review: a step that was reasonable last year may no longer be enough, and new needs can arise as a condition changes. Employers should document the adjustments they considered and why they accepted or rejected each one — tribunals examine this paper trail closely. Employees should engage constructively with the process and explain clearly what would help. Discrimination solicitors in London and across the UK regularly see cases turn on whether the employer genuinely engaged with adjustments or merely went through the motions.
Medical Evidence, Occupational Health and Access to Work
Strong medical evidence is the backbone of most disability claims. GP records, consultant letters and fit notes help establish the impairment, its substantial adverse effect and its long-term nature. Tribunals apply the statutory test rather than a medical label, so evidence should describe functional effects — what the person cannot do, or can only do with difficulty.
An occupational health (OH) referral is a standard tool for both sides. A good OH report addresses the Equality Act definition directly, suggests practical adjustments and gives a prognosis for return to work. Employees should be open with the OH adviser and ask for a copy of the report. Employers should act on OH recommendations promptly — ignoring them is one of the most common triggers for claims.
Access to Work is a government grant scheme that can fund support beyond what is reasonable for the employer to provide alone, including support workers, specialist equipment and help with travel to work. Applications go through the Department for Work and Pensions, and awards can cover a substantial share of the cost. Raising Access to Work in discussions often unlocks solutions that suit both sides, and a disability discrimination law firm can advise on how the scheme interacts with the employer’s legal duties.
Sickness Absence, Capability Dismissals and Disability
Disability-related absence is one of the most contested areas of employment law. Dismissing an employee for capability after long-term sickness absence can amount to discrimination arising from disability (section 15), or a failure to make reasonable adjustments, where the employer has not properly explored alternatives. A disability discrimination law firm will usually advise pausing any dismissal while up-to-date medical evidence is awaited.
Before any capability dismissal where disability may be involved, a fair employer should:
- Obtain up-to-date medical evidence on the prognosis and the likely return date
- Consider adjustments that could facilitate a return, including a phased return or reduced hours
- Consult the employee meaningfully, rather than treating meetings as a formality
- Apply absence trigger points flexibly where disability is a factor
- Consider redeployment to a suitable alternative role
The Employment Rights Act 1996 also requires a fair procedure for any dismissal, so disability-related capability cases engage two legal regimes at once — getting either wrong is expensive. If the dispute cannot be resolved internally, our guide to how employment tribunals work explains each stage of the process, from ACAS early conciliation to the final hearing.
Proving Disability Discrimination: Evidence and Time Limits
The burden of proof works in two stages. First, the claimant must prove facts from which the tribunal could conclude that discrimination occurred; the burden then shifts to the employer to provide a non-discriminatory explanation. In practice, contemporaneous evidence wins cases: emails, meeting notes, absence records, OH reports, grievance outcomes and written adjustment requests.
Keep a diary of incidents with dates, witnesses and what was said. Raise concerns in writing — a grievance is not legally required before claiming, but tribunals expect employees to have given the employer a fair chance to put things right.
Time limits are strict. Most employment tribunal claims must be started within three months less one day of the act complained of, after notifying ACAS for early conciliation. Discrimination that forms part of conduct extending over a period can extend time, but you should never rely on that. Discrimination lawyers in the UK consistently advise acting quickly — delay is one of the most common reasons otherwise strong claims fail, and a disability discrimination law firm can assess limitation issues at the very first meeting. Where a case touches on more than one protected characteristic, a racial discrimination lawyer within the team can advise on how the claims interact.
Compensation in Disability Discrimination Claims
Unlike unfair dismissal, compensation for discrimination is uncapped. A successful claimant can recover:
- Loss of earnings, past and future — including career-long loss in the most serious cases
- Injury to feelings, assessed under the Vento bands (lower, middle and upper), which are updated each year
- Personal injury, where the discrimination caused or worsened a medical condition
- Aggravated damages in exceptional cases involving high-handed conduct
- Interest on the award
Because awards reflect real, evidenced loss, thorough preparation matters: gather payslips, benefits records, job applications and medical evidence showing the impact on you. Your disability discrimination law firm will quantify each head of loss so nothing is missed. Most cases settle before a final hearing — through ACAS conciliation or a settlement agreement — and a well-prepared claim usually commands a better settlement. Choosing experienced employment discrimination lawyers for negotiation as well as litigation makes a measurable difference to the outcome.
When to Contact a Disability Discrimination Law Firm
Consider specialist advice as soon as any of the following apply:
- You have been dismissed, demoted or disciplined and disability played a part
- Your employer has refused adjustments recommended by occupational health
- You are going through a capability or absence-management process linked to a health condition
- You have been harassed or victimised after raising disability issues
- You are an employer and need policies, training or settlement documentation that will stand up to scrutiny
Early advice from a disability discrimination law firm often resolves matters without a tribunal — through negotiation, mediation or a well-drafted grievance. If proceedings become necessary, your solicitor will manage ACAS early conciliation, draft the ET1 claim, handle disclosure and represent you at the hearing.
Many people search for a discrimination solicitor only after the working relationship has broken down; involving discrimination solicitors earlier usually preserves more options. Some clients need advice on overlapping characteristics as well — our racial discrimination lawyers work alongside the disability team where claims intersect. Whether you are in London or elsewhere in the UK, choose a team that handles Equality Act claims every day: that focus is what turns a difficult situation into a properly managed legal process.
Disability discrimination law gives employees robust protection and places clear duties on employers. Understanding the Equality Act definition, the six types of discrimination and the reasonable-adjustments duty is the foundation; acting promptly and keeping good evidence is what wins cases. If you need tailored advice on your situation, speak to a disability discrimination law firm that specialises in UK employment claims.
