Disability Discrimination.

The Equality Act generally protects someone who has a physical or mental impairment with a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities. ‘Substantial’ means more than minor or trivial, while ‘long-term’ normally involves effects that have lasted, or are likely to last, at least 12 months. Fluctuating conditions may qualify.

Certain conditions, including cancer, HIV infection and multiple sclerosis, receive special statutory treatment. A formal diagnosis is not the only question: the actual effect of the condition matters. We can help identify the medical and workplace evidence needed to assess whether you are protected.

Disability discrimination can include direct discrimination, indirect discrimination, harassment and victimisation. There are also protections specifically concerning disability: discrimination arising from disability and an employer’s failure to make reasonable adjustments.

For example, a rigid attendance policy might disproportionately disadvantage disabled staff, or an employer might discipline someone for disability-related absence without properly considering adjustments. Different legal tests apply to each type of claim. Our discrimination solicitors can assess the facts without assuming that every unfair or insensitive decision is necessarily unlawful.

Reasonable adjustments are changes intended to remove or reduce a substantial disadvantage a disabled person faces at work. Depending on the circumstances, examples may include altered hours, assistive software, adjusted duties, accessible facilities, additional breaks or a phased return after sickness.

An employer does not have to agree to every request, but it must consider what is reasonable in the particular circumstances. The effect of the proposed change, its practicality and other relevant factors matter. We can help frame an adjustment request clearly and challenge a refusal where the employer may not have complied with its duty.

For some disability discrimination claims, what the employer knew or could reasonably have been expected to know is important. You do not necessarily have to use the word ‘disability’ or provide a particular diagnostic label. Medical reports, discussions about symptoms, absence records and obvious workplace difficulties can all be relevant.

If you are comfortable doing so, making a clear written request for support can help establish both the difficulties and the adjustment sought. Where there are privacy concerns, we can advise on how to share necessary information proportionately without distributing sensitive medical details more widely than needed.

An employer can manage attendance, but disability-related sickness requires individual consideration. Warnings, reduced bonuses, capability decisions or dismissal because of something arising from a disability may be discriminatory unless the legal conditions for justification are met. Employers may also need to adjust absence triggers or the procedure.

A disability does not give an unconditional exemption from performance or attendance standards. The question is whether the employer acted lawfully and considered reasonable alternatives. If a formal process is under way, seek advice before the hearing and preserve medical evidence, occupational-health recommendations and the relevant policy. See our Employment Solicitors service for support.

Ask the employer for the reasons and whether any alternatives were considered. An adjustment that looks expensive or inconvenient may still be reasonable, depending on the employer’s resources, the disadvantage it addresses and the circumstances. Equally, an employer is not required to change the essential nature of a role if that would be unreasonable.

Useful evidence includes the original request, medical recommendations, responses from managers, any trial arrangement and the impact of doing nothing. We can review whether the employer has adequately addressed the duty and help draft a constructive response or a formal grievance.

Yes, where the legal criteria for disability or another relevant protection are satisfied. Mental health conditions, autism, ADHD and other neurodivergent conditions can fall within the Equality Act, but the facts should be assessed rather than assuming that every diagnosis automatically meets the same legal test.

Misunderstandings about communication, concentration, sensory environments or absence can lead to inappropriate warnings or exclusion. We can help identify practical adjustments, assess the employer’s knowledge and consider whether the treatment amounts to discrimination or harassment.

Dismissing someone simply because they are disabled may amount to direct discrimination. A dismissal connected to disability-related absence or capability can raise different questions, including whether reasonable adjustments were made and whether the decision was proportionate and justified where that test is available. The employer’s process and available alternatives are important.

An affected employee may also have an unfair dismissal claim depending on their circumstances. Advice before dismissal, or before accepting any settlement agreement, can help you understand your options.

Start with a dated account of what happened, who was involved and how you were affected. Keep relevant contracts, policies, emails, performance reviews, sickness records and written requests for adjustments. Medical or occupational-health evidence may be useful in explaining the impact of a condition, although the extent of medical disclosure needs careful consideration.

Comparisons with the way other employees were treated can sometimes help, but not every disability claim requires the same type of comparison. We can identify which facts support each possible legal claim and help you present them in a coherent way.

For many Employment Tribunal discrimination claims involving acts on or after 1 October 2026, the usual deadline is six months less one day from the relevant act, with specific rules governing continuing conduct and Acas early conciliation. Earlier events may be subject to a different, shorter limit.

Do not assume that discussing adjustments, appealing a decision or raising a grievance pauses the deadline. If the situation is ongoing, obtain advice promptly. Our Employment Tribunal solicitors can help assess the claims, evidence, remedies and timing.