Disability Discrimination at Work

Protecting the Rights of Disabled Employees in the Workplace 

At The Jonathan Lea Network, we are committed to promoting equality and inclusion in the workplace. If you’ve experienced unfair treatment, harassment, or dismissal due to a disability, or you are an employer and you are concerned your organisation has not treated an employee fairly, our employment solicitors will help you.

Disability discrimination remains a widespread issue across UK workplaces. Whether it’s a failure to make reasonable adjustments or exclusion from promotions or opportunities, our employment law experts are here to support you in taking decisive legal action. 

What Is Disability Discrimination? 

Disability discrimination occurs when an employee is treated unfairly because of a physical or mental impairment that substantially affects their ability to carry out normal daily activities. 

You are protected under the Equality Act 2010 if: 

• You have a physical or mental impairment with a substantial and long-term effect on your daily life. 
• You have a progressive condition (such as cancer, HIV or multiple sclerosis).
• You had a disability in the past. 
• You are perceived to have a disability. 
• You are associated with someone who has a disability (e.g. a carer or family member). 

This legal protection applies in the workplace, during recruitment, and throughout the employment relationship. 

Common Types of Disability Discrimination 

1. Direct Discrimination 

This occurs when an employer treats you less favourably because of your disability. 

Example: Being refused a job despite being fully qualified, purely due to your health condition. 

2. Indirect Discrimination

This arises when a policy, rule or practice that applies to everyone disproportionately disadvantages people with disabilities. 

Example: An employer requires all staff to attend early morning meetings, which negatively impacts a disabled employee whose condition requires a later start. 

3. Failure to Make Reasonable Adjustments 

Employers are legally obligated to make reasonable adjustments to help disabled employees perform their role. 

Examples: 

• Providing assistive technology or flexible working hours. 
• Adjusting performance targets during periods of medical treatment.
• Offering additional breaks or quieter workspaces for mental health conditions.Failure to take these steps can constitute discrimination.

4. Discrimination Arising from Disability 

This type of discrimination occurs when an employer treats someone unfavourably because of something connected to their disability. 

Example: Disciplining an employee for taking excessive sick leave related to a chronic illness. 

5. Harassment 

This involves unwanted behaviour that creates a hostile or offensive environment for a disabled person. 

Example: Jokes, insults, or exclusion based on a colleague’s disability. 

6. Victimisation 

Being treated poorly because you raised concerns about discrimination or supported someone else’s complaint. 

Example: Being overlooked for a promotion after making a formal grievance about your employer’s failure to accommodate your disability.

Examples of Disability Discrimination We Can Help With 

• Your employer has failed to make changes to help you do your job 
• You’ve been demoted or dismissed following a disability diagnosis 
• You’re experiencing bullying or inappropriate remarks linked to your health condition 
• Your performance is being unfairly scrutinised due to side effects of medication or treatment 
• You’ve been pressured to resign because of absence or support needs 

Your Legal Rights 

The Equality Act 2010 imposes a clear duty on employers to treat disabled employees fairly and to take positive steps to ensure they are not disadvantaged. If your employer fails to comply with these duties, you have the right to: 

• Raise a formal grievance 
• Request reasonable adjustments 
• Seek financial compensation via an Employment Tribunal 
• Negotiate a settlement or severance package 

Importantly, you do not need a minimum length of service to bring a disability discrimination claim. Your rights apply from day one. 

What Steps Should You Take? 

If you believe you’ve experienced disability discrimination at work, we recommend the following: 

1. Document your experiences – including dates, emails, medical reports and witness statements. 
2. Request adjustments – in writing, outlining what changes you require. 
3. Raise concerns – informally with HR or a manager, or formally via your company’s grievance procedure. 
4. Contact our legal team – to assess your situation and plan a strategic way forward. 

Don’t delay—Employment Tribunal claims must usually be started within three months minus one day from the date of the last discriminatory act.

How We Can Help 

At The Jonathan Lea Network, our employment solicitors offer compassionate, confidential and strategic legal advice tailored to your circumstances. We can assist you with: 

• Reviewing your situation and advising on the strength of your claim
• Drafting internal grievances and correspondence 
• Engaging with your employer to negotiate reasonable adjustments
• Reaching settlement agreements and severance packages 
• Representing you at Employment Tribunals and appeals, if necessary 

We have experience dealing with employers across all industries—from SMEs to multinationals—and will help you assert your rights with clarity and confidence. 

Why Choose The Jonathan Lea Network? 

• ✅ In-depth knowledge of discrimination and employment law 
• ✅ Personal, jargon-free service tailored to your needs 
• ✅ Proven record of resolving disputes favourably and efficiently
• ✅ Flexible fee structures, including fixed-fee initial consultations 
• ✅ Client-first approach: we listen, support and advocate for you every step of the way 

Contact Us 

If you’ve been discriminated against due to a disability, speak to our expert solicitors today. The sooner you act, the better your chances of success. 

📞  Call us on: [01444 708 640]
📧  Email: wewillhelp@jonathanlea.net
📩  Submit an enquiry via our Contact Form