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In the UK, the Equality Act 2010 exists to protect people from unfair treatment. One of the nine protected characteristics under the Act is disability.
In this guide, we explain what disability discrimination is, who the law protects, the different ways discrimination can happen, and what your options are if you’ve been treated unfairly at work. Our aim is to help create fairer, more inclusive workplaces for everyone.
Disability discrimination occurs when someone is treated unfairly because of a disability. This unfair treatment can be intentional or unintentional.
The Equality Act 2010 protects individuals from discrimination in the workplace and during the recruitment process. You are legally protected if unfair treatment happens because:
You have a disability
You had a disability in the past
Someone believes you have a disability (even if you don’t)
You are associated with someone who has a disability
If you believe you’ve experienced disability discrimination, Zavri Law’s employment law team can help you understand your rights.
Under the law, a person is considered disabled if they have a physical or mental condition that:
Has a substantial impact on daily activities
Has lasted, or is expected to last, 12 months or more
Some conditions are protected from the point of diagnosis, including:
Cancer
HIV
Multiple sclerosis
Visual impairments
Conditions that worsen over time—such as Alzheimer’s disease or Parkinson’s disease—are also protected once they begin to affect everyday life and are expected to have a long-term impact.
The Equality Act 2010 protects a wide range of people in work-related situations, including:
Employees and workers
Self-employed individuals and contractors
Job applicants
Former employees
Discrimination can come from employers, colleagues, clients, customers, or members of the public.
Protection also extends to people who previously had a disability. For example, refusing a promotion because someone took time off work in the past due to a serious injury may be unlawful.
Disability discrimination can take several different forms, including:
Direct discrimination
Indirect discrimination
Harassment
Victimisation
Discrimination arising from disability
Failure to make reasonable adjustments
Each type is explained below with practical examples.
Direct discrimination happens when someone is treated less favourably because:
They are disabled
They are linked to someone who is disabled (association)
They are wrongly believed to be disabled (perception)
A job offer is withdrawn immediately after a candidate discloses their disability, and the role is given to someone without a disability. If the withdrawal was due to the disability, this is direct discrimination.
An employee is dismissed because their employer is unhappy about time taken off to care for a disabled child. This may be unlawful discrimination by association.
A colleague uses a wheelchair temporarily due to injury. Despite being capable, they are excluded from meetings because others assume they are less able. This may amount to discrimination based on perception.
Indirect discrimination occurs when a workplace rule or policy applies to everyone but places disabled people at a disadvantage.
A company requires all staff to attend training sessions in a room without accessibility aids. An employee with a hearing impairment cannot fully participate. Even though the rule applies to all staff, it disproportionately disadvantages someone with a disability.
This type of discrimination happens when someone is treated unfairly because of something linked to their disability, rather than the disability itself.
Examples include being treated negatively because of:
Time off for medical appointments
Side effects of medication
Needing frequent breaks
Using mobility aids or assistance animals
An employer may only defend this if they did not know (and could not reasonably have known) about the disability, or if the treatment can be objectively justified.
An employee with epilepsy needs short breaks during the day. Their employer views this as disruptive and excludes them from work activities. This may be discrimination arising from disability.
Employers have a legal duty to make reasonable adjustments for disabled employees and job applicants.
Reasonable adjustments are changes that reduce or remove disadvantages caused by a disability. What is “reasonable” depends on factors such as cost, practicality, and the size of the organisation.
An employee with a visual impairment asks for screen-reading software to carry out their role effectively. If the employer refuses without a valid reason, this may be unlawful discrimination.
You are not legally required to tell your employer or a potential employer about your disability.
Even if you do not disclose it, you may still be protected if your employer knew or should reasonably have known about your condition.
Dealing with discrimination at work can be stressful and overwhelming. At Zavri Law, our employment law solicitors are here to support you every step of the way.
We offer:
Clear explanations of your legal rights
Honest advice on your options
Access to experienced employment law solicitors
Support tailored to your individual situation
If you choose to move forward with a claim, we’ll connect you with the right legal expert to pursue the best possible outcome.
This content is provided for general information purposes only and does not constitute legal advice.
Every case is different, and employment law can be complex. For advice specific to your situation, you should speak directly with a qualified solicitor.
