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 2025

Nobody gets to weigh what you can do against what you can’t, not even a tribunal

A diagnosis is real evidence your impairment is substantial. You shouldn't have to prove that all over again.

Employee-favourable 2025

If the medical evidence about you conflicts, your employer has to check again before deciding.

If your employer has conflicting medical evidence about your fitness for work, it has to resolve that conflict with occupational health before deciding your future, not just act on whichever version suits it.

If you’re neurodivergent, here’s what the law actually protects at work

Being autistic, having ADHD, dyslexia, or dyspraxia doesn't come with a separate set of legal rights, but it usually brings you within existing protections that are broader than most people expect.

Your right to request flexible working

Thinking about asking for different hours, times, or working from home? Here's what the law requires from your employer, and what to do if they get it wrong.

Mixed 2016

Raising performance concerns while you’re off sick can break your employer’s duty of trust.

Timing matters when your employer raises concerns with you while you are off sick. Raising performance issues during sick leave can itself break the trust that holds your employment relationship together, giving you grounds to resign and claim constructive dismissal.

Employee-favourable 2012

Your employer may have to let a family member support you at a disciplinary hearing.

A blanket companion policy can itself be discriminatory if it leaves a disabled employee without the support they need. Your employer has to look at what you actually need, not just apply the same rule to everyone regardless of disability.

Employee-favourable 2018

Once your employer knows you’re disabled, they don’t need to know your disability caused what you did for it to be discrimination.

Once your employer knows about your disability, they don't need to also realise it caused what you did for a dismissal to count as discrimination.

What counts as a disability in law

The legal test for disability is broader than most people think, and does not require a formal diagnosis or a condition that affects you every day.

Discrimination arising from disability

A different, wider claim from disability discrimination itself, covering unfavourable treatment because of something that flows from your disability.

When your employer’s occupational health report gets used against you

What an occupational health report is actually for, whose side it is on, and where it can go wrong before it shapes a decision about your job.

Employee-favourable 2025

If a disability explains what you did, your employer cannot skip straight to discipline.

If a disability plays a part in something you are accused of at work, your employer must actually consider that connection before disciplining you. It must also look at less punishing options first.

Requesting reasonable adjustments during a grievance or disciplinary process

Heading into a grievance or disciplinary process and need changes made so you can take part properly? Here's how to ask for reasonable adjustments, and what your employer has to do once you have.