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
Employer-favourable 2013

A secret recording without a transcript and a clear reason won’t count as evidence.

A tribunal will not accept a secret recording just because you have it. Transcribe the part you rely on. Explain plainly why it matters. Skip either step, and it is likely to be refused.

Employee-favourable 2026

Your employer must rule out a medical explanation before assuming you are drunk

If your employer treats a symptom of your disability as a conduct problem without investigating it first, and then disciplines or dismisses you on evidence you were never allowed to challenge, you may have valid claims for unfair dismissal and disability discrimination.

Mixed 2026

If your employer won’t correct a sick note that blames your disability, that matters.

Occupational health referrals or return-to-work documents that link your performance or sickness absence to your disability, even without naming it, can amount to unlawful disability discrimination.

What happens at a sickness absence meeting and what are your rights?

Being called to a sickness absence meeting is unsettling, especially if you are still unwell. No decision has been made yet. Here is what your employer has to do before deciding anything, and what to ask for at the meeting itself.

Employee-favourable 2004

A failure to make reasonable adjustments can also break your employment contract.

A failure to make reasonable adjustments for a disability can breach both the Equality Act and your employment contract, giving you a potential discrimination claim and a constructive dismissal claim at the same time.

Mixed 2026

Getting a written warning for sick leave you could not help is not always lawful.

If your employer gives you a written warning for sickness absence connected to a disability, and there was genuinely nothing more you could do to prevent it, that warning may be unlawful discrimination, not just an internal HR matter.

Employee-favourable 2026

Your employer recognised you needed help, then did nothing for six months before dismissing you.

If your employer identifies that you need occupational health support or extra training and then does nothing about it for months, that failure can turn a later performance dismissal into unlawful disability discrimination.

Employee-favourable 2015

If your employer cuts off your work email while you’re off sick, you could miss more than messages, and that can be unlawful.

Losing IT access while off sick isn't the problem on its own. Being left in the dark about your pay and benefits while it happens can be.

Employee-favourable 2020

If you’ve been bullied by a colleague, your employer may have to promise you won’t have to work with them again.

A grievance being rejected doesn't end your reasonable adjustments case, if your disability is connected to what happened.

Employee-favourable 2004

Disability may mean your employer must redeploy you, not make you compete.

If a disability prevents you from doing your job, your employer may have a legal obligation to redeploy you to a suitable vacancy without requiring you to compete against other candidates.

Occupational health assessments: what to expect and what your employer must do with the report

A referral to occupational health is common and does not mean anything has gone wrong. Here is what to expect, what your employer must do with the report, and what to do if they do not act on it.

Employer-favourable 2019

A thin occupational health report is weaker evidence than your employer wants it to be.

A thin, bare-conclusion occupational health report carries less weight than a detailed one, so if your employer’s decision rests on a weak OH assessment, you can ask what questions OH was actually asked and whether the report properly engages with your situation.