Disability discrimination at work

Discrimination is when someone puts you at a disadvantage because of your condition. There are different types of disability discrimination.

Direct discrimination

When a disabled person is treated less favourably because of their impairment or condition. For example, if you do not get a place on a training course because your employer assumes it would be difficult for you to get there.

Indirect discrimination

When a workplace process or rule inadvertently disadvantages a disabled person, like the work canteen not being accessible.

Harassment

When a colleague makes offensive remarks about disability.

Failure to make reasonable adjustments

There is no set definition of what is 'reasonable', it depends on the job and the employer. But if something is easy and inexpensive to do, and your employer has not done it, this could be disability discrimination.

Reasonable adjustments at work

You can face discrimination at any stage of employment.

Applying

If you are not selected for interview because of your condition. This can be difficult to prove.

Interviews

If you do not get adjustments at interview after you ask for them, this could be discrimination. Your interviewer is not allowed to ask you about your condition or how it affects you, except in very limited circumstances. These include discussing adjustments you may need to perform as well as others in the recruitment process, or your ability to do the core aspects of the job.

Talking about your condition or impairment

At work

If your employer does not make reasonable adjustments to enable you to do your job, it could be discrimination. Reasonable adjustments can include flexible working and different duties.

Promotions

If you do not get a promotion or a pay rise because you are disabled, this is discrimination.

Termination

It may be discrimination if you are fired due to disability-related absences.

1. Start with a chat

If you face discrimination at work, talk to a manager as soon as possible. Speak to someone you trust. It does not have to be your own manager. It could be someone from HR.

2. Raise a grievance

If you cannot resolve this informally, try raising a grievance. This is a complaint that should follow your employer's formal procedure. Ask HR for information about this.

Raising a grievance usually involves writing a letter with details of the discrimination. Your employer’s grievance policy should explain what you need to do. It will also tell you how long each stage of the procedure should take. If you are unfairly treated for raising a grievance, this is also discrimination.

3. Get independent advice

If raising a grievance does not help, seek advice. 

If you are a member of a union, contact them as soon as possible. They can give you advice and may be able to act as a mediator.

Advisory, Conciliation and Arbitration Service (ACAS) provides free, impartial advice on all workplace issues.

4. Make a claim for disability discrimination

If mediation fails, you can make a claim for disability discrimination.

Make a claim at an employment tribunal (GOV.UK)

The time limit for making a discrimination claim at a tribunal is 3 months less a day from the date when the discrimination happened.

Time limits for making a discrimination claim in the employment tribunal (Citizens Advice)

Keep notes of any conversations and copies of any emails. You need to show that you tried to follow your employer's procedures and find a solution.

Tribunals can be stressful. Think carefully before going ahead.

If you think you might be experiencing disability discrimination at work, there are people who can advise you and advocate for you.

The difference between advice and representation 

If you go to employment tribunal, you can get support from an expert adviser or representative. They work in different ways.

An adviser will help you understand your rights and help you prepare for the tribunal. But they will not speak on your behalf or contact your employer. You will be responsible for managing your case, but your adviser will support you.

A representative is responsible for managing your case. They will make contact with your employer and the tribunal. They can speak on your behalf during the tribunal. You will usually still need to speak and give evidence too.

Trade unions

If you are a member of a trade union, contact them to find out how they can help you.

Find contact details of unions on the Trade Union Congress (TUC) website

If you are not a member of a trade union, you could join one.

Find out which unions you could join on the TUC website

Some solicitors may offer free advice.

Check if you can get legal aid (GOV.UK)

Finding free or affordable legal help (Citizens Advice)

Find your local Law Centre

You may also be able to get legal support through your:

• home insurance company
• union membership
• charity membership

No win, no fee solicitors may also be an option.

But you may have to pay for legal advice.

Find a lawyer 

The Law Society website has a tool where you can search for different types of lawyers near you. 

You can also refine the results based on access to their building including whether they:

• have induction loops
• provide British Sign Language interpreters
• have step-free access
• accept Legal Aid

Find a solicitor on The Law Society website

If you cannot get help from a lawyer

You can still get information and support from:

• the Scope helpline
• Citizens Advice

You can also get free support and advice from ACAS.

Find out more about getting help with problems at work on the Citizens Advice website