Disability Discrimination
Claims

Tribunal proceedings in relation to a disability discrimination claim must be brought within 6 months less one day of the discriminatory act complained of, where that act occurred on or after 1 October 2026. Where the act occurred before this date, the previous time limit of 3 months less one day continues to apply. Where discriminatory conduct extends over a period, time runs from the end of that period, and the 6-month time limit applies if the period ends on or after 1 October 2026.

Claimants must (unless exempt) notify Acas and obtain an early conciliation certificate before commencing Employment Tribunal proceedings. Provided Acas is notified before the applicable time limit expires, the time limit is paused during early conciliation, which can last up to 12 weeks, and the claimant will have at least one month from receiving the certificate to present the claim.

The Equality Act 2010 prohibits disability discrimination in employment. It protects against direct discrimination, indirect discrimination, discrimination arising from disability, failure to make reasonable adjustments, harassment and victimisation. Some of these protections also apply to people who are not themselves disabled.

What Counts As A Disability?

Under section 6 of the Equality Act 2010, a person has a disability where a physical or mental impairment has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities. “Substantial” means more than minor or trivial. An effect is long-term if it has lasted, or is likely to last, at least 12 months, or is likely to last for the rest of the person’s life.

In employment, normal day-to-day activities include the ability to participate fully and effectively in working life on an equal basis with other workers. Recurring or fluctuating conditions can qualify, and an impairment is treated as continuing to have a substantial adverse effect where that effect is likely to recur. When assessing the effects of an impairment, the benefit of medication or treatment is generally disregarded, except for sight corrected by spectacles or contact lenses.

Cancer, HIV and multiple sclerosis are treated as disabilities from diagnosis. A severe disfigurement is treated as having a substantial adverse effect on normal day-to-day activities, subject to statutory exceptions. People certified by a consultant ophthalmologist as blind, severely sight impaired, sight impaired or partially sighted are also deemed disabled. Progressive conditions can qualify before their effects become substantial, provided they already have some effect on normal day-to-day activities and are likely to have a substantial effect in the future. The legislation also protects people who have had a disability in the past.

Direct Discrimination

Direct disability discrimination occurs where a person is treated less favourably because of disability than another person is, or would be, treated in comparable circumstances. The comparison may be with an actual person or a hypothetical one. Where the claim concerns the claimant’s own disability, the comparator should not have the claimant’s impairment but should have the same relevant abilities or skills. Disability does not have to be the only reason for the treatment.

Direct discrimination can also occur where a person is treated less favourably because of their association with someone who is disabled, or because they are wrongly perceived to be disabled. However, a non-disabled person cannot claim direct disability discrimination merely because disabled people are treated more favourably. Unlike indirect discrimination and discrimination arising from disability, direct disability discrimination has no general objective justification defence.

Indirect Disability Discrimination

Indirect disability discrimination occurs where an employer applies a provision, criterion or practice which puts people who share a particular disability at a particular disadvantage compared with people who do not have that disability, and the claimant has that disability and suffers that disadvantage, unless the employer can show that it is a proportionate means of achieving a legitimate aim. For example, a requirement that employees remain standing throughout their shifts may disadvantage employees whose multiple sclerosis affects their ability to stand.

Protection can also extend to a person who does not share the relevant protected characteristic but suffers substantively the same disadvantage. For example, a non-disabled employee recovering from a short-term leg injury may also have a claim for indirect disability discrimination if the same standing requirement puts them at substantively the same disadvantage and cannot be objectively justified.

Discrimination Arising From Disability

Discrimination arising from disability occurs under section 15 of the Equality Act 2010 where a disabled person is treated unfavourably because of something arising in consequence of their disability. This can include disability-related sickness absence, the effects of medication or a need for regular rest breaks. Unlike direct discrimination, there is no requirement to compare the person’s treatment with that of someone else. This form of discrimination only protects people who are themselves disabled and does not extend to discrimination by association or perception.

The employer has a defence if it can show that the treatment is a proportionate means of achieving a legitimate aim. It also has a defence if it did not know, and could not reasonably have been expected to know, that the person had the disability. However, the employer does not need to have known that the matter giving rise to the unfavourable treatment was a consequence of the disability. For example, a disciplinary warning because of disability-related sickness absence may amount to discrimination arising from disability unless the employer establishes an applicable defence.

Failure To Carry Out Reasonable Adjustments

Under sections 20 and 21 of the Equality Act 2010, employers must make reasonable adjustments where a disabled job applicant or employee is placed at a substantial disadvantage compared with people who are not disabled. The duty covers disadvantages caused by a provision, criterion or practice, a physical feature of the premises, or the absence of an auxiliary aid or service. “Substantial” means more than minor or trivial.

The duty applies where the employer knows, or could reasonably be expected to know, both that the person has a disability and that they are likely to experience the relevant disadvantage.

Reasonable adjustments may include changing working arrangements, adapting premises, providing equipment or support, and making information accessible. For example, an employer may need to provide a staff handbook in an accessible electronic format, large print, Braille or audio, depending on the employee’s needs.

Whether an adjustment is reasonable depends on the circumstances, including its likely effectiveness, practicality and cost, the employer’s resources, and the availability of financial or other assistance. The employer must not require the disabled person to pay the costs of adjustments it is legally required to make. Failure to comply with the duty is itself unlawful discrimination; there is no separate objective justification defence.

Access to Work may provide support beyond the reasonable adjustments the employer is legally required to make. It does not replace the employer’s duty or pay for adjustments that the employer must provide.

Harassment

Harassment related to disability is defined under section 26(1) of the Equality Act 2010 as unwanted conduct related to disability which has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them. The person bringing the claim does not have to be disabled, and the conduct does not have to be directed at them personally, provided it has that purpose or effect in relation to them. In determining whether conduct has that effect, the Tribunal takes account of the person’s perception, the circumstances of the case and whether it is reasonable for the conduct to have that effect.

From 30 October 2026, employers may also be liable where their employees are subjected to harassment related to disability by third parties, such as customers and clients, in the course of their employment, and the employer has failed to take all reasonable steps to prevent it.

Victimisation

Victimisation occurs where a person is subjected to a detriment because they have carried out a protected act under the Equality Act 2010, or because the employer believes they have done, or may do, so. Protected acts include bringing proceedings under the Equality Act 2010, giving evidence or information in connection with such proceedings (including in support of someone else’s claim), making an allegation that the Equality Act 2010 has been breached, or doing anything else for the purposes of or in connection with the Act. However, giving false evidence or information, or making a false allegation, is not protected if it is done in bad faith.

Bringing A Disability Discrimination Claim

Tribunal proceedings in relation to a disability discrimination claim must be brought within 6 months less one day of the discriminatory act complained of, where that act occurred on or after 1 October 2026. Where the act occurred before this date, the previous time limit of 3 months less one day continues to apply. Where discriminatory conduct extends over a period, time runs from the end of that period, and the 6-month time limit applies if the period ends on or after 1 October 2026.

For a failure to make reasonable adjustments, time runs from the employer’s decision not to make the adjustment. Where there is no express decision, the relevant date may be when the employer acts inconsistently with making it or when the period within which it could reasonably have been expected to make it expires. The fact that the disadvantage continues does not automatically restart or extend the time limit. The relevant date also determines whether the 3-month or 6-month limitation period applies.

Unlike ordinary unfair dismissal claims, there is no minimum qualifying period of employment for bringing a discrimination claim. If the claim succeeds, the Employment Tribunal may make a declaration as to the rights of the parties, award compensation, and recommend that the employer take specified steps within a specified period to reduce or eliminate the adverse effect of the discrimination on the claimant. If the employer fails to comply with a recommendation without reasonable excuse, the Tribunal may increase the compensation awarded or, if no compensation was originally awarded, order the employer to pay compensation.

Compensation for discrimination is not subject to a statutory cap. Unlike unfair dismissal claims, discrimination compensation is not divided into separate basic and compensatory awards. Instead, compensation is assessed according to the circumstances of the case and may include the following:

• Injury to Feelings: Compensation may be awarded for the distress, humiliation and hurt feelings caused by unlawful discrimination. The criteria for assessing compensation for hurt feelings were set out by the Court of Appeal in the case of Vento v Chief Constable of West Yorkshire (No.2) (2003), as subsequently amended, the most recent amendments being made with effect from the 6th April 2026. As a result of this, there is a top band of £62,900.00 plus for exceptionally serious cases (for cases presented between the 6th April 2025 and the 5th April 2026, the band is £60,700.00 plus), an upper band of £37,700.00 to £62,900.00 for serious cases (for cases presented between the 6th April 2025 and the 5th April 2026, the band is £36,400.00 to £60,700.00), a middle band of between £12,600.00 to £37,700.00 (for cases presented between the 6th April 2025 and the 5th April 2026, the band is £12,100.00 to £36,400.00), and a lower band of between £1,300.00 to £12,600.00 for less serious and one-off cases (for cases presented between the 6th April 2025 and the 5th April 2026, the band is £1,200.00 to £12,100.00). The Court in Vento stated that awards for less than the lower band should be avoided. In England and Wales, aggravated damages may also be awarded where particularly high-handed, malicious, insulting or oppressive conduct has caused additional injury to feelings. In Scotland, aggravated damages are not awarded separately, but a tribunal will take any such conduct into account when assessing the award for injury to feelings.
• Loss of Earnings: Normally makes up the bulk of the claim and includes both actual and future loss of earnings. Future loss can be extensive where psychiatric injury has been sustained as a result of the discrimination and makes it difficult for the employee to obtain new and appropriate employment.
• Injury to Health (Personal Injury): Compensation may also be awarded for physical or psychiatric injury caused by unlawful discrimination, where supported by appropriate medical evidence. Any award must avoid duplicating compensation for injury to feelings or other losses. The possibility of pursuing separate civil proceedings depends on the circumstances, and legal advice should be obtained before pursuing claims arising from the same events in different courts or tribunals.
• Ancillary Losses: These can be for items such as the cost of looking for alternative employment and pension loss.
• Interest: Interest on the compensation award can be claimed

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