In the UK, the Equality Act 2010 protects people from different kinds of unfair treatment. Disability is one of nine protected characteristics safeguarded by the Equality Act 2010.
In this guide, we’re going to take a closer look at disability discrimination, including what it looks like, what your rights are, and how we can work together to make workplaces better for everyone.
What is disability discrimination?
Disability discrimination is when you’re treated unfairly because of a disability, whether on purpose or unintentionally. The Equality Act 2010 protects people from discrimination at work or when applying for jobs. According to the Act, you shouldn't be treated unfairly because:
You have a disability;
You’ve had a disability in the past;
Someone thinks you have a disability;
You’re connected to someone with a disability.
If you believe you’ve faced disability discrimination, our employment law solicitors are here to help.
Get a free case assessment today for personalised advice from our expert legal assessment team.
What is classed as a disability?
The law defines a person as having a disability if they have a physical or mental condition that significantly and continuously affects their ability to carry out everyday activities.
Some conditions are automatically protected under disability discrimination law. These conditions are:
Cancer;
HIV infection;
Multiple sclerosis;
Visual impairment.
Progressive conditions that get worse over time, like Alzheimer’s disease or Parkinson’s are considered a disability by law if the condition starts affecting someone’s daily activities and is likely to continue in the long-term.
Who is protected by disability discrimination law?
The law safeguards certain individuals from discrimination at work, including:
People can face disability discrimination from anyone they interact with in their jobs, such as colleagues, customers, or the general public.
The Equality Act 2010 also safeguards individuals who had a disability in the past. For example, if someone is denied a promotion because they have previously had a lot of time off work due to a significant injury which was considered a disability.
What are the different types of disability discrimination?
Disability discrimination can come in the form of:
Direct disability discrimination
Direct disability discrimination happens when someone is treated unfairly or disadvantaged because:
Direct disability discrimination example
Jade applies for a new position at a company and receives a job offer. However, as soon as she discloses her disability to the employer, the job offer is suddenly revoked. Later, the employer extends the same job offer to another candidate who does not have a disability. If the reason for withdrawing Jade’s offer was solely because of her disability, this is direct discrimination.
Disability discrimination by association example
Sarah has a child with a disability and occasionally needs to take days off at short notice to attend medical appointments with her child. One day, she overhears her manager saying that the amount of time off her child causes is not acceptable. Sarah finds herself dismissed the following day. If the employer’s reason for dismissal is primarily due to the time off associated with Sarah’s disabled child, this is likely to be discrimination by association.
Disability discrimination by perception
Charlie, a new team member, occasionally uses a wheelchair to get around due to a temporary leg injury. Despite being fully capable of performing the job, some colleagues see Charlie as less competent because of the wheelchair use. As a result, they start excluding Charlie from important meetings and conversations, assuming they might struggle with tasks. This exclusionary behaviour carries on even after Charlie demonstrates competence and explains that the wheelchair use is temporary. In this scenario, discrimination by perception occurs because colleagues unfairly treat Charlie based on their perceived limitations tied to wheelchair use.
Indirect disability discrimination
Indirect disability discrimination happens when there’s a rule or practice at work that applies to everyone, but it puts someone or a group of people at a disadvantage because of their disability.
Example
A company enforces a policy that all employees must go to mandatory training sessions in a room with no hearing loop. However, an employee with a hearing impairment finds it challenging to fully participate and benefit from the training without a hearing loop. In this case, the policy put the employee with a hearing impairment at a disadvantage due to their disability.
Discrimination arising from disability
Discrimination arising from disability means treating someone unfairly because of something that happens as a result of their disability, not the disability itself. Examples could include taking time off work for regular hospital appointments, changes in behaviour due to medication, needing regular rest or toilet breaks, or having an assistance dog.
If someone is treated unfairly or put at a disadvantage because of these disability-related factors, it’s considered discrimination. However, if the person or organisation treating someone unfairly didn’t know and couldn’t have reasonably known about the disability, the law might not apply.
Furthermore, in some cases, there might be a valid reason for discrimination, known as objective justification. For instance, if something resulting from someone’s disability makes it impossible for them to perform a specific job even with reasonable adjustments, that might be considered lawful discrimination.
Example
Sarah has epilepsy, and as a result, she occasionally needs short breaks during her workday to manage her condition. Her employer, without understanding the nature of her disability, views these breaks as disruptive and decides to exclude her from team-building activities, thinking it's for the benefit of the team.
In this scenario, Sarah is being treated unfavorably due to something arising from her disability—the need for breaks. This constitutes discrimination arising from disability.
Failure to make reasonable adjustments
If an employer doesn’t make necessary changes for someone who needs them due to their disability, this is a form of discrimination known as failure to make reasonable adjustments.
Reasonable adjustments are changes made by the employer to help eliminate or lessen any disadvantage linked to a person’s disability. It’s a legal requirement for employers to make these adjustments, but what’s considered reasonable can vary based on the specific circumstances of each situation.
Example
Alex, who has a visual impairment, is hired by a company. The workplace uses a computer-based system for all communication and documentation. Alex requests the use of screen reader software, a reasonable adjustment that would allow him to access and understand digital information.
If the employer fails to provide the screen reader software, putting Alex at a significant disadvantage in performing his tasks compared to his colleagues, it would be considered a failure to make reasonable adjustments. In this case, providing the screen reader software is a reasonable step to ensure that Alex can work effectively despite his visual impairment. If the employer neglects to do this without a valid reason, it could be deemed discriminatory under the law.
Do you have to tell your employer about a disability to be protected by disability discrimination law?
Even if an employee doesn’t disclose their disability, they are still protected from discrimination if their employer could reasonably be expected to know about their disability.
Individuals are not required by law to tell their current or potential employers about their disability.
Why choose Lawhive?
Dealing with discrimination at work can be really difficult. At Lawhive, our disability discrimination solicitors are here to support you in making your case against your employer.
Get a free case assessment from our legal assessment team to find how we can help. In this assessment, we’ll listen to your problem and help you understand your rights and all the options for resolving your case.
Should you choose to go ahead with your disability discrimination claim, we will connect you with the best employment law solicitor in our network who will fight hard on your behalf to get the outcome you deserve.