Disability Discrimination at Work

Supporting Fair Treatment for Disabled Individuals in the Workplace — Advice for Employees and Employers

At The Jonathan Lea Network, we are committed to promoting equality and inclusion in the workplace. Whether you’re an employee experiencing unfair treatment, harassment or dismissal due to a disability, or an employer seeking guidance — either proactively to meet your legal obligations or reactively because you are already involved in a dispute — our employment solicitors are here to help.

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.

For employers, understanding the scope of these protections is crucial to remaining compliant and creating an inclusive working environment. We provide legal advice to help you manage your responsibilities with confidence.

Common Types of Disability Discrimination

Direct Discrimination

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

For employers: We help ensure recruitment and promotion decisions are free from bias or discriminatory practices.

Indirect Discrimination

A policy, rule or practice that applies to everyone disproportionately disadvantages disabled people.

For employers: We advise on reviewing policies and workplace practices to avoid indirect discrimination risks.

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. We assist employers in identifying and implementing the most suitable adjustments for their workforce.

Discrimination Arising from Disability

Occurs when someone is treated unfavourably due to something linked to their disability.

We guide employers on managing absences, medical conditions, and performance issues with empathy and legal clarity.

Harassment

Unwanted behaviour that creates a hostile or offensive environment.

We support employers with training and implementing anti-harassment protocols that safeguard all staff.

Victimisation

Being treated unfairly for raising concerns or supporting someone else’s complaint.

Employers benefit from our guidance on handling grievances and ensuring retaliation-free workplaces.

Examples of Disability Discrimination Issues We Can Help With

For Employees:

• 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

For Employers:

• You want advice on managing an employee’s performance while respecting their disability

• You need help implementing reasonable adjustments under the Equality Act 2010

• You’ve received a grievance or Employment Tribunal claim related to disability

• You want to update internal policies or train managers on discrimination law

Your Legal Rights

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

• Raise a formal grievance

• Request reasonable adjustments

• Seek financial compensation via an Employment Tribunal

• Negotiate a settlement or severance package

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

Employer Duties Under the Equality Act

Employers are expected to make reasonable adjustments, ensure their workplace is inclusive, and treat employees lawfully.

We support employers by reviewing practices, handling employee concerns and defending against discrimination claims.

What Should You Do Next?

For Employees:

• Document your experiences – dates, emails, medical reports and witness statements

• Request adjustments – in writing, outlining what you need

• Raise concerns – via HR or your company’s grievance process

• Contact our legal team – for advice on your situation

For Employers:

• Review internal policies that may disadvantage disabled employees

• Seek advice before initiating disciplinary or redundancy procedures

• Engage our team to manage complaints and defend claims appropriately

• Proactively train managers on disability rights and reasonable adjustments

Don’t delay—Employment Tribunal claims usually must be brought within three months minus one day of the last act of discrimination.

How We Can Help

At The Jonathan Lea Network, our employment solicitors offer compassionate, confidential and strategic legal advice tailored to your situation.

Services for Employees:

• Reviewing your case and advising on your claim

• Drafting grievances and internal correspondence

• Negotiating adjustments or severance

• Representing you at Tribunal

Services for Employers:

• Policy audits and HR strategy

• Guidance on reasonable adjustments

• Defending Tribunal claims

• Delivering in-house training

We work with clients across all sectors—from startups to global corporations—and help you resolve employment law issues with clarity and professionalism.

Why Choose The Jonathan Lea Network?

✅ In-depth knowledge of employment and discrimination law
✅ Clear, jargon-free advice tailored to your role
✅ Proven success resolving disputes quickly and fairly
✅ Flexible pricing including fixed-fee consultations
✅ A client-first, supportive approach for both employers and employees

Contact Us

Whether you’re an employee seeking protection or an employer needing legal guidance, contact our expert employment solicitors today. The sooner you act, the better your chance of a positive outcome.

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