What counts as a disability?

Under the Equality Act 2010, a disability is a physical or mental impairment that has a 'substantial' and 'long-term' (12 months or more) negative effect on your ability to do normal daily activities.

What are reasonable adjustments?

These are changes an employer must make to remove disadvantages. Examples include modified keyboards, flexible hours, or moving a workstation to the ground floor.

Can mental health qualify?

Absolutely. Conditions like severe depression, anxiety, and PTSD frequently meet the legal definition of a disability if they are long-term and substantially impact daily life.

Yes, if you have been discriminated against, failed to receive reasonable adjustments, or harassed because of a disability, you can bring a claim to the employment tribunal.

What evidence should I keep?

Medical records, occupational health reports, emails requesting adjustments, and notes of meetings discussing your health or performance are all crucial.

Procedural Insight

Disability Discrimination At Work

Understand your rights regarding disability discrimination, reasonable adjustments, and how the law protects employees.

The Direct Answer

Disability discrimination occurs when somebody is treated unfairly because of a disability or when reasonable adjustments are not properly considered. The law can protect employees and workers in certain situations.

Detailed Explanation

Disability discrimination in the workplace can take several forms, and it remains one of the most complex areas of employment law. Protection applies from the recruitment stage through to the end of employment.

A significant part of disability law revolves around the duty to make "reasonable adjustments". If you have a disability that places you at a substantial disadvantage compared to non-disabled colleagues, your employer must take reasonable steps to remove that disadvantage. This might involve altering working hours, providing specialized equipment, or adjusting absence triggers.

Discrimination can be direct (treating you worse specifically because of your disability) or indirect (applying a blanket company policy that uniquely disadvantages you). The law also covers harassment related to your disability and victimisation, which occurs if you are treated poorly because you raised a complaint about discrimination.

Common Mistakes

When dealing with complex procedures, panic or lack of clarity can lead to errors. Here are the most common mistakes people make:

Ignoring the situation hoping it will resolve itself.
Failing to seek professional guidance early enough.
Missing strict legal or procedural deadlines.
Communicating emotionally rather than factually.
Making informal agreements without getting them in writing.

Readiness Checklist

Preparation Checklist

Track your progress before taking action.

Have you gathered all relevant documents and correspondence?

Do you know the exact dates of key events?

Have you identified your main objectives or desired outcomes?

Are you aware of any upcoming deadlines?

Have you kept a record of all communications?

Frequently Asked Questions

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Article Author

Jeff Harris

Senior Adviser, Litigancy

Over 35 years' experience across finance, business, property and complex disputes. Today Jeff combines real-world experience with Alfred to help people understand complicated situations and make better decisions.

Published: January 2024•Updated: June 2024