Disability Discrimination

Cases and employer obligations involving disability discrimination under the Equality Act 2010, including unfavourable treatment arising in consequence of disability (s.15) and the duty to make reasonable adjustments.

56 results
Employee-favourable 2026

If you’re disabled and struggling to meet a deadline your employer has set for a formal process, you may be entitled to more time.

Reasonable adjustments cover deadlines, not just physical changes to your job. Ask for more time when a disability is affecting your ability to meet one, particularly for a formal process. An unreasonable refusal, especially once you've explained the impact, can be unlawful.

Employee-favourable 2025

Your employer has to act on an occupational health report, not just receive it.

If your employer receives an occupational health report recommending adjustments and does not act on it, that failure can support both a reasonable adjustments claim and, if you resign because of it, a constructive dismissal claim.

Employee-favourable 2026

Agreeing to a reasonable adjustment isn’t the same as making it happen.

Agreeing to a reasonable adjustment is not the same as making it happen, and unreasonable delay can itself be unlawful.

Employee-favourable 2026

Your employer can’t take away a working adjustment on a hunch.

If a reasonable adjustment has been working, your employer needs real evidence of a problem, not just an assumption, before taking it away.

Employee-favourable 2026

If surgery could resolve your health issue, your employer should wait to find out first.

If your employer is considering dismissing you for health-related absence, they are expected to check your current medical position first rather than relying on old reports, especially where something like surgery or treatment could soon change the picture.

Mixed 2026

You don’t need a diagnosis to be legally disabled, but self-report alone rarely proves it.

You do not need a formal diagnosis to be disabled in law, but your own account of your condition rarely proves it on its own. Medical evidence matters.

Mixed 2026

A strong discrimination claim can still fail if you wait too long

You can be completely right about what your employer did wrong and still lose your claim, because discrimination claims usually have to be brought within three months, minus early conciliation time.

Discrimination during recruitment and job applications: what the law protects

The Equality Act protects you from the moment a job is advertised, not from the moment you start work, and that catches employers out as often as it catches applicants off guard.

Employee-favourable 2026

Reporting you to your regulator after you complain can be illegal retaliation

If your employer threatens to report you to your professional regulator after you've raised a complaint, that can be unlawful victimisation.

Mixed 2026

Comments made about your complaint behind closed doors can prove you were punished for it.

Comments made about your complaint behind the scenes can prove you were punished for raising it, and that counts as unlawful victimisation even when your other claims fail.

Employer-favourable 2026

Your employer can’t run a discrimination grievance separately from a live disciplinary.

Your employer has to properly consider a health condition or discrimination grievance you raise during a disciplinary, and run it as part of that process.