Disability Discrimination UK: Employer Guide 2026

Disability discrimination remains one of the most litigated and high-risk areas of UK employment law. Claims are complex, compensation is uncapped and procedural mistakes are heavily scrutinised by Employment Tribunals. For employers, compliance requires more than avoiding overt unfair treatment. It demands structured decision-making, lawful absence management, careful performance handling and a proactive approach to reasonable adjustments.

The legal framework is the Equality Act 2010, which replaced the Disability Discrimination Act 1995 and the Disability Discrimination Act 2005. Despite frequent searches for the “disability discrimination act UK”, the current governing legislation is the Equality Act 2010.

What this article is about

This guide explains what disability discrimination means under UK law, what qualifies as a disability, the different types of discrimination including discrimination arising from disability, examples of disability discrimination in work, employer duties around reasonable adjustments and the financial and legal risks of non-compliance. It is written for employers, HR professionals and senior managers responsible for risk management and workplace decision-making, where the employment contract and contractual terms sit at the heart of decision-making.

Section A: What Is Disability Discrimination Under UK Law?

Disability discrimination occurs where an individual is treated unlawfully because of disability, because of something connected to disability or because of their association with a disabled person.

Under the Equality Act 2010, disability is a protected characteristic. The Act applies to:

• Employees
• Workers
• Job applicants
• Apprentices
• Contract workers in certain circumstances

Protection begins at the recruitment stage and continues throughout employment, including dismissal and post-employment references.

Disability discrimination in work can arise in multiple contexts, including:

• Recruitment and selection
• Pay and contractual terms
• Promotion decisions
• Access to training
• Performance management
• Absence management
• Redundancy selection
• Dismissal

The key compliance principle is this: employers must not treat disabled individuals unfavourably where the treatment is prohibited under the Act, and must take positive steps to remove workplace disadvantages.

Importantly, disability discrimination is often unintentional. Many successful disability discrimination cases in the UK arise from rigid policies applied without individual assessment. Absence trigger systems, productivity targets and role flexibility are frequent sources of tribunal claims and often overlap with wider discrimination at work risk.

The Equality Act recognises several distinct forms of disability discrimination. Understanding the differences between them is critical because each has separate legal tests and defences.

Section Summary

Disability discrimination under the Equality Act 2010 covers recruitment, employment and dismissal. It includes direct discrimination, discrimination arising from disability and failure to make reasonable adjustments. Compliance depends on process, documentation and lawful justification rather than intent alone.

Section B: What Qualifies as a Disability?

Before considering whether disability discrimination has occurred, an employer must determine whether the individual meets the statutory definition of disability under section 6 of the Equality Act 2010.

A person is disabled if they have:

• A physical or mental impairment, and
• The impairment has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities

Each element of this definition carries legal meaning and must be applied using the statutory test rather than informal or medical shorthand.

1. Physical or Mental Impairment

The term “impairment” is broad and can include both visible and non-visible conditions.

• Physical conditions such as mobility restrictions, sensory impairments or chronic illnesses
• Mental health conditions such as depression, anxiety disorders, bipolar disorder or PTSD
• Neurodivergent conditions such as dyslexia, autism spectrum disorder or ADHD

There is no requirement for the condition to be outwardly apparent. Many disability discrimination in work claims arise from non-visible impairments, particularly mental health conditions requiring tailored reasonable adjustments for mental health.

The legal focus is on functional impact, not diagnosis alone. Employers should assess how the impairment affects day-to-day activities rather than relying solely on the medical label.

2. Substantial Adverse Effect

“Substantial” means more than minor or trivial. The effect must materially impact normal day-to-day activities such as:

• Concentration
• Mobility
• Memory
• Manual dexterity
• Communication
• Ability to follow instructions

The assessment considers what the individual cannot do, or finds difficult to do, compared with someone without the impairment.

The effect is assessed as if the individual were not receiving most forms of treatment or using coping strategies, except for corrective lenses.

3. Long-Term Requirement

An impairment is long-term if it:

• Has lasted at least 12 months
• Is likely to last at least 12 months
• Is likely to last for the rest of the person’s life

Fluctuating or recurring conditions may qualify if the substantial effect is likely to recur. Schedule 1 of the Equality Act 2010 also provides that progressive conditions may constitute a disability before their effects become fully substantial, provided they are likely to do so in future.

Certain conditions are automatically deemed disabilities from diagnosis, including:

• Cancer
• HIV infection
• Multiple sclerosis
• Severe disfigurement

4. Obesity and Progressive Conditions

Obesity is not itself a protected characteristic. However, where obesity results in a substantial and long-term adverse effect on normal day-to-day activities, it may satisfy the statutory definition of disability.

Progressive conditions are assessed in line with Schedule 1 of the Equality Act 2010. Employers should avoid assuming that early-stage or managed conditions fall outside the statutory protection without careful analysis.

5. Employer Knowledge and Constructive Knowledge

For certain forms of disability discrimination, particularly discrimination arising from disability and failure to make reasonable adjustments, liability depends on employer knowledge.

The duty arises where the employer:

• Knows the individual is disabled, or
• Could reasonably be expected to know of the disability

This is referred to as constructive knowledge. Employers cannot ignore warning signs. Repeated absence, medical certificates referencing long-term conditions or reports from occupational health may trigger a duty to investigate further.

Failure to make reasonable enquiries can undermine a statutory defence.

6. Common Misconceptions

Employers frequently make avoidable compliance errors by assuming:

• A short absence means the condition cannot qualify
• Mental health conditions must be severe to be protected
• Only permanent conditions qualify
• Adjustments are required only after formal medical confirmation

These assumptions often result in discrimination against disabled people through procedural missteps rather than deliberate bias.

Section Summary

A disability under the Equality Act 2010 requires a physical or mental impairment with a substantial and long-term adverse effect on normal day-to-day activities. Certain conditions are automatically deemed disabilities. Employer knowledge, including constructive knowledge, is central to liability for discrimination arising from disability and the duty to make reasonable adjustments.

Section C: Types of Disability Discrimination

The Equality Act 2010 recognises several distinct forms of disability discrimination. Each category has its own statutory test and available defences. Employers must understand the differences, as liability frequently turns on technical distinctions rather than broad fairness arguments.

The principal forms of disability discrimination in work are:

• Direct disability discrimination
• Indirect disability discrimination
• Discrimination arising from disability
• Failure to make reasonable adjustments
• Harassment related to disability
• Victimisation

1. Direct Disability Discrimination

Direct discrimination occurs where an individual is treated less favourably because of disability, contrary to section 13 of the Equality Act 2010.

The claimant must show that:

• They were treated less favourably than a real or hypothetical comparator whose circumstances are not materially different, and
• The reason for the treatment was disability

The comparator must not share the disability. A hypothetical comparator may be used where no actual comparator exists.

Example of disability discrimination:

An employee recovering from cancer is denied promotion because management anticipates future absence. A non-disabled comparator with similar performance would not have been treated in the same way.

Direct disability discrimination cannot generally be justified. Unlike indirect discrimination or discrimination arising from disability, there is no broad objective justification defence available.

Direct discrimination also includes:

• Discrimination by perception – treating someone less favourably because they are wrongly believed to be disabled.
• Discrimination by association – treating someone less favourably because of their association with a disabled person, such as a carer. See also associative discrimination.

2. Indirect Disability Discrimination

Indirect discrimination arises under section 19 of the Equality Act 2010 where:

• An employer applies a provision, criterion or practice (PCP),
• The PCP applies to everyone,
• The PCP puts disabled people at a particular disadvantage compared with non-disabled people,
• The claimant suffers that disadvantage, and
• The employer cannot justify the PCP as a proportionate means of achieving a legitimate aim.

Example:

A rigid attendance bonus scheme requiring perfect attendance may disadvantage employees with long-term health conditions.

Indirect discrimination may be lawful if objectively justified. The employer must demonstrate:

• A legitimate aim, and
• That the means used are proportionate, taking into account whether less discriminatory alternatives were available.

Indirect discrimination focuses on group disadvantage. It is distinct from the duty to make reasonable adjustments, which focuses on individual disadvantage and cannot be avoided by objective justification alone.

3. Discrimination Arising from Disability

Section 15 of the Equality Act 2010 creates a specific form of disability discrimination known as discrimination arising from disability.

This occurs where:

• A disabled person is treated unfavourably,
• Because of something arising in consequence of their disability.

No comparator is required.

Examples of discrimination arising from disability:

• Dismissing an employee due to disability-related sickness absence.
• Issuing a warning for conduct caused by a mental health condition.
• Penalising reduced productivity linked to a neurological impairment.

The employer has a defence only if:

• The treatment was a proportionate means of achieving a legitimate aim, and
• The employer did not know, and could not reasonably have been expected to know, of the disability.

This category is frequently relied upon in successful disability discrimination cases in the UK, particularly in dismissal scenarios.

4. Failure to Make Reasonable Adjustments

Sections 20 and 21 of the Equality Act 2010 impose a positive duty on employers to make reasonable adjustments.

The duty arises in three situations:

• Where a provision, criterion or practice places a disabled person at substantial disadvantage.
• Where a physical feature of premises places a disabled person at substantial disadvantage.
• Where the absence of an auxiliary aid places a disabled person at substantial disadvantage.

Employers must take reasonable steps to avoid that disadvantage. Reasonableness is assessed by reference to factors including:

• Practicability
• Cost
• The employer’s size and resources
• Effectiveness of the adjustment
• Disruption caused
• Availability of external funding

Examples of adjustments may include:

• Adjusting working hours or approving a flexible working request
• Providing specialist equipment
• Modifying performance targets
• Reallocating minor duties
• Adjusting absence triggers, including discounting disability-related sickness absence

Failure to comply constitutes a standalone form of disability discrimination and cannot be justified in the same way as indirect discrimination.

5. Harassment Related to Disability

Harassment occurs where unwanted conduct related to disability has the purpose or effect of violating dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.

The tribunal will consider both the subjective perception of the claimant and whether it was reasonable for the conduct to have that effect. Employers may be vicariously liable for harassment by employees unless they can demonstrate that they took all reasonable steps to prevent it, including appropriate training and policy implementation. See further guidance on workplace harassment.

6. Victimisation

Victimisation arises where an individual suffers a detriment because they have carried out a protected act, such as:

• Making a complaint of disability discrimination
• Supporting another person’s complaint
• Giving evidence in proceedings
• Alleging discrimination

The claimant does not need to prove that the underlying discrimination complaint was upheld. Protection attaches to the act of raising concerns. See also victimisation at work.

Section Summary

Disability discrimination under the Equality Act 2010 includes direct discrimination, indirect discrimination, discrimination arising from disability and failure to make reasonable adjustments. Discrimination arising from disability and adjustment failures are among the most litigated areas, particularly in capability and dismissal cases. Each category has distinct legal tests and available defences.

Section D: Examples of Disability Discrimination in the Workplace

Understanding statutory definitions is only part of compliance. Most successful disability discrimination cases in the UK arise from practical workplace decisions where managers apply policies without properly assessing disability impact.

Below are structured examples of disability discrimination in work, illustrating how liability typically arises.

1. Recruitment and Job Offers

Disability discrimination frequently occurs at the recruitment stage.

Example of disability discrimination:

A conditional job offer is withdrawn after an applicant discloses multiple sclerosis. The employer expresses concern about “future reliability” without assessing capability or considering adjustments.

This may amount to direct disability discrimination.

Section 60 of the Equality Act 2010 restricts pre-offer health questions except where necessary to:

• Establish whether reasonable adjustments are required for the recruitment process
• Determine whether the applicant can carry out intrinsic job functions
• Monitor diversity (in a separate process)
• Take positive action
• Confirm whether an occupational requirement applies

Failure to provide accessible interview arrangements, such as wheelchair access or additional time for written assessments, may amount to failure to make reasonable adjustments.

Recruitment remains high risk because decisions are often insufficiently documented.

2. Absence Management and Sickness Triggers

One of the most common disability discrimination examples involves rigid absence policies.

Scenario:

An employee with Crohn’s disease exceeds a standard attendance trigger and receives a formal warning under a strict attendance policy.

If the absences are disability-related and the employer fails to consider adjustments, medical evidence or alternative approaches, this may amount to:

• Discrimination arising from disability
• Failure to make reasonable adjustments
• Indirect disability discrimination

Tribunals frequently criticise mechanical application of absence triggers without individual assessment. Employers should ensure that disability-related absences are properly evaluated, including the potential for discounting disability-related sickness absence where appropriate.

Structured absence management must incorporate flexibility when disability is engaged.

3. Performance Management

Performance processes must distinguish between misconduct and disability-related capability issues.

Example:

An employee with dyslexia is disciplined for slow written output without assessment of assistive technology or deadline adjustments.

This may constitute:

• Failure to make reasonable adjustments
• Discrimination arising from disability

Employers should consider whether adjustments, such as specialist software or amended targets, are appropriate before escalating to formal capability action. See also guidance on capability procedure.

4. Failure to Adjust Duties or Working Patterns

Inflexible job design is another common source of discrimination against disabled employees.

Scenario:

An employee with a chronic fatigue condition requests later start times supported by medical advice. The request is refused without analysis of operational impact.

If flexible arrangements are feasible but not properly considered, the employer may struggle to demonstrate proportionality. This may also intersect with statutory flexible working request rights.

Tribunals expect evidence of consultation, evaluation of alternatives and documented reasoning.

5. Dismissal Following Long-Term Sickness

Dismissal is the most legally sensitive stage in disability discrimination in work.

Example:

An employee on long-term sick leave due to severe depression is dismissed without obtaining up-to-date medical evidence or considering redeployment options.

This may result in:

• Discrimination arising from disability
• Failure to make reasonable adjustments
• Unfair dismissal (if qualifying service is met)

Before proceeding with dismissal for sickness or capability, employers should:

• Obtain up-to-date medical evidence, which may include occupational health input
• Consult meaningfully with the employee
• Consider adjustments and alternative roles
• Assess prognosis and likelihood of return
• Follow a fair capability dismissal process

Failure to follow structured safeguards is a recurring feature of successful disability discrimination cases in the UK. See also guidance on dismissal for sickness.

6. Harassment and Workplace Culture

Disability discrimination is not limited to formal decisions.

Examples include:

• Mocking speech patterns linked to a neurological condition
• Derogatory comments about mental health
• Excluding disabled employees from team activities

Even if described as humour, such conduct may amount to harassment if it violates dignity or creates an offensive environment. Employers are vicariously liable unless they can demonstrate that they took all reasonable steps to prevent discrimination.

Section Summary

Examples of disability discrimination in work most commonly arise from recruitment decisions, rigid absence policies, performance processes and dismissal handling. Liability is typically driven by failure to individualise decisions, lack of medical evidence and poor documentation rather than overt discriminatory intent.

Section E: Compensation, Tribunal Risk and Employer Exposure

Disability discrimination claims present significant financial and reputational exposure for employers. Unlike unfair dismissal, compensation for disability discrimination is uncapped. Employment Tribunals scrutinise employer decision-making closely, particularly where dismissal or long-term sickness is involved.

Understanding potential liability is central to compliance strategy.

1. Burden of Proof

Under section 136 of the Equality Act 2010, the burden of proof operates in two stages.

First, the claimant must establish facts from which a tribunal could conclude, in the absence of an adequate explanation, that discrimination has occurred.

If that threshold is met, the burden shifts to the employer to prove that there was no unlawful discrimination.

This means employers must be able to demonstrate lawful reasoning, proportionality analysis and structured decision-making supported by documentation.

Tribunals place significant weight on:

• Contemporaneous records
• Medical evidence
• Consultation notes
• Adjustment discussions
• Consistency in policy application

Poor record-keeping is a recurring feature in successful disability discrimination cases in the UK.

2. Compensation for Disability Discrimination

Compensation for disability discrimination is uncapped and may include multiple heads of loss.

Financial Loss

• Past loss of earnings
• Future loss of earnings
• Loss of pension rights
• Loss of benefits
• Career disadvantage

Injury to Feelings

Injury to feelings awards are assessed using the Vento guidelines, which are periodically updated. Awards fall into lower, middle and upper bands depending on severity.

Aggravated Damages

Aggravated damages may be awarded where employer conduct is oppressive, high-handed or malicious.

Personal Injury

Where discrimination results in recognised psychiatric or physical injury, separate compensation may be payable.

The cumulative effect can result in substantial awards, particularly in dismissal cases.

3. Overlap with Unfair Dismissal

Where an employee has two years’ continuous service in Great Britain, dismissal may generate both:

• An unfair dismissal claim, and
• A disability discrimination claim

The discrimination claim carries uncapped financial exposure and often represents the greater risk.

Discrimination protection applies from day one of employment. Employers cannot rely on short service as a shield against disability-related claims.

4. Justification and Proportionality in Dismissal Cases

In discrimination arising from disability claims, employers may defend unfavourable treatment by demonstrating that it was a proportionate means of achieving a legitimate aim.

Common legitimate aims include:

• Ensuring operational efficiency
• Maintaining attendance standards
• Protecting service delivery
• Ensuring health and safety

However, tribunals assess proportionality by examining whether the employer:

• Obtained up-to-date medical evidence
• Considered reasonable adjustments
• Explored redeployment options
• Consulted meaningfully
• Applied a fair and structured process

A decision that may appear reasonable in operational terms can still be discriminatory if disability-related factors were not lawfully addressed.

5. Vicarious Liability and the “All Reasonable Steps” Defence

Employers are vicariously liable for acts of discrimination committed by employees in the course of employment.

A statutory defence is available if the employer can demonstrate that it took all reasonable steps to prevent the discriminatory conduct. This typically requires:

• Clear and up-to-date equality policies
• Regular manager training
• Prompt investigation of complaints
• Consistent disciplinary enforcement

Policies alone are insufficient. Tribunals expect evidence that they are actively implemented.

Section Summary

Compensation for disability discrimination is uncapped and may include financial loss, injury to feelings and aggravated damages. The burden of proof can shift to employers once prima facie discrimination is established. Dismissal decisions involving disability carry heightened legal risk and must be supported by structured, proportionate and well-documented reasoning.

Section F: Preventing Disability Discrimination – 2026 Employer Compliance Framework

Preventing disability discrimination requires structured governance rather than reactive grievance handling. Most tribunal claims arise from process failure, inconsistent management decisions or insufficient documentation. A defensible compliance framework reduces both legal exposure and operational disruption.

Employers should embed disability considerations into core HR systems rather than treating them as exceptions.

1. Policy and Documentation Framework

Every employer should maintain:

• An Equality and Diversity Policy aligned with the Equality Act 2010
• A Reasonable Adjustments Policy
• An Absence Management Policy that allows flexibility
• A Capability Procedure reflecting disability considerations
• Clear grievance and anti-harassment procedures

Policies should explicitly reference disability discrimination, discrimination arising from disability and the duty to make reasonable adjustments. Outdated references to the Disability Discrimination Act 1995 or 2005 should be removed to ensure legal accuracy.

Consistency between policies and the employment contract is essential, as contractual wording may affect the handling of capability, absence and dismissal.

2. Manager Training and Decision-Making Controls

Line managers are frequently the source of liability because they:

• Apply absence triggers without individual assessment
• Refuse flexible arrangements without exploring alternatives
• Escalate performance concerns without medical input

Training should cover:

• The statutory definition of disability
• Employer knowledge and constructive knowledge
• The three-limb duty to make reasonable adjustments
• Justification and proportionality analysis
• Appropriate use of medical and occupational evidence

Managers should understand that disability discrimination in work frequently arises from inflexible policy application rather than deliberate bias.

3. Structured Medical Evidence Use

Up-to-date medical evidence is central to defensible decision-making.

Employers should:

• Seek appropriate medical input where long-term absence arises
• Clarify functional impact rather than diagnosis alone
• Request clear guidance on potential adjustments
• Assess prognosis and likely duration of impairment

This may include referral to occupational health where appropriate. However, the employer retains responsibility for assessing operational feasibility and proportionality.

4. Reasonable Adjustments Audit

A proactive audit approach reduces the risk of claims for failure to make reasonable adjustments.

Employers should review:

• Absence trigger systems
• Productivity and performance targets
• Physical workplace accessibility
• Remote and hybrid working flexibility
• IT accessibility and assistive technology availability

Adjustments should be documented, periodically reviewed and evaluated for effectiveness. Conditions may evolve, requiring reassessment.

5. Recruitment Safeguards

Recruitment procedures should ensure:

• Compliance with restrictions on pre-offer health questions
• Accessible application processes
• Clear processes for requesting adjustments
• Objective and role-relevant selection criteria

Recruitment-stage disability discrimination claims are increasing, particularly where offers are withdrawn following medical disclosure without structured assessment.

6. Dismissal Governance Protocol

Where dismissal involving a disabled employee is under consideration, heightened safeguards should apply.

Employers should implement:

• Senior HR oversight
• Confirmation that reasonable adjustments were fully explored
• Review of the recency and adequacy of medical evidence
• Documented proportionality analysis
• Consideration of alternatives such as redeployment or agreed exit

In some cases, a mutually agreed settlement agreement may be considered, provided it complies with statutory requirements.

7. Culture and Workplace Conduct

Preventing discrimination against disabled people requires active cultural oversight.

Employers should:

• Address inappropriate humour or comments promptly
• Encourage early reporting of concerns
• Investigate complaints consistently
• Demonstrate leadership commitment to inclusion

Tribunals assess not only formal processes but the overall workplace environment when determining liability.

Section Summary

Preventing disability discrimination requires robust policies, trained managers, structured medical evidence use and documented adjustment processes. Risk most commonly arises from rigid systems and poorly evidenced dismissal decisions. A proactive governance framework is the most effective defence.

FAQs: Disability Discrimination (UK)

What is disability discrimination?

Disability discrimination occurs when a person is treated unlawfully because of disability, something arising from disability or their association with a disabled person. It is governed by the Equality Act 2010 and applies across recruitment, employment and dismissal.

Is the Disability Discrimination Act still in force?

No. The Disability Discrimination Act 1995 and 2005 were repealed and replaced by the Equality Act 2010. The Equality Act is the current governing legislation.

What is discrimination arising from disability?

It occurs where a disabled person is treated unfavourably because of something connected to their disability, such as absence, conduct or reduced productivity. No comparator is required. The employer must demonstrate proportionality and lack of knowledge to rely on a defence.

Can an employer dismiss a disabled employee?

Yes, but only after following a fair and structured process that includes medical evidence, consultation, consideration of reasonable adjustments and proportionality analysis.

How much compensation can be awarded?

Compensation is uncapped and may include financial loss, injury to feelings and aggravated damages.

Conclusion

Disability discrimination under the Equality Act 2010 is a complex and high-risk area of employment law. Liability most often arises from procedural failure rather than deliberate bias. Discrimination arising from disability and failure to make reasonable adjustments are among the most litigated categories, particularly in absence and dismissal scenarios.

Compensation is uncapped and tribunals apply rigorous scrutiny to employer decision-making. Robust policies, documented consultation, medical evidence and structured proportionality assessments are essential safeguards.

For employers, disability discrimination compliance is a core governance issue that directly affects financial exposure, workforce stability and organisational reputation.

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