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 2010

The effect on your daily life decides whether you’re disabled in law.

Whether you are disabled in law depends on the effect your condition has on your daily life. It does not depend on having a clear medical diagnosis.

Employer-favourable 2009

If your employer did not know about your disability, they may not be required to make adjustments. But what counts as knowledge is not always straightforward.

Your employer cannot avoid the duty to make reasonable adjustments simply by claiming ignorance, if the information was available to them or they should have made enquiries.

Employee-favourable 2015

Disability discrimination counts as a detriment even if the only harm is the upset it causes.

Less favourable treatment that causes distress or upset counts as a detriment in discrimination law, even without any financial or tangible loss.

Mixed 2002

Disability law looks at what your condition stops you doing, not what it is called.

When deciding whether someone is disabled under the Equality Act 2010, the law asks what the condition stops them doing, not what the condition is called. A diagnosis is not required.

Employee-favourable 2003

Your employer has to understand your situation properly before deciding on adjustments.

Where the nature of a disability is not straightforward, the duty to make reasonable adjustments can require an employer to carry out a proper assessment before deciding what to do.

Mixed 2006

Your employer cannot use their own failure to ask about your needs as a defence.

Your employer not asking what adjustments you need is not, on its own, against the law, but it cannot use that silence as an excuse to do nothing either.

Employee-favourable 2019

You do not need a formal diagnosis to be protected by disability discrimination law.

Disability under the Equality Act 2010 requires only a substantial adverse effect on day-to-day activities. Substantial means more than minor or trivial, not severe or permanent.

Employee-favourable 2025

Changing your hours without letting you challenge it can be disability discrimination.

If you have a disability, your employer must consider reasonable adjustments when working arrangements change, including changes made while you are off sick.