Disability Discrimination in Employment: Legal Rights and Protections

When you run a business, you often need people to help, such as staff and contractors. However, as an employer, you must ensure no discrimination occurs among workers. This includes disability discrimination towards disabled people, and if you fail to do so, you could face a discrimination claim in an Employment Tribunal. This article will, therefore, explain disability discrimination in employment in terms of legal rights and protections.

What is Discrimination in Employment?

It is unlawful to treat someone less favourably at work based on one of the nine protected characteristics. These include:

• race;
• religion or belief;
• sex;
• sexual orientation;
• marriage or civil partnership;
• maternity or pregnancy;
• age;
• gender reassignment; and       
• disability.

This includes discrimination in the workplace, including through remote working or work social events. Discrimination can occur as a pattern of behaviour or a single occurrence. 

What is Disability Discrimination in Employment?

Disability is one of the nine protected characteristics in employment, so it is unlawful to put someone at a disadvantage based on a disability. It is illegal to do so from recruitment through employment and after.

Therefore, this includes:

• through application forms,
• during interviews and proficiency tests;
• when offering a job;
• through employment terms such as pay;
• through promotion and transfer;
• when offering training,
• when dismissing and making redundancies; and 
• through the disciplinary and grievance procedures.

The following are all protected against discrimination in the workplace:

• employees;
• Workers;
• contractors and self-employed people;
• job applicants; and 
• former employees, for example, when they ask for a reference.

Also, if a person used to have a disability but does not anymore, they are also protected under disability discrimination. 

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What Does Disability Mean?

To know whether a person in your workplace is protected under this characteristic, you need to understand the definition of disability in the Equality Act 2010. This states that to have a disability, a person has to meet both of the following criteria:

• they suffer a ‘physical or mental impairment’; and
• the above ‘has a substantial long-term adverse effect on their ability to carry out normal day-to-day activities’.

‘Impairment’ means a reduction in their physical and mental abilities. 

A ‘substantial adverse effect’ means that it is not just a mild impact; you should note that it can be worse at times and not so bad at others. 

‘Long-term’ means it will affect them throughout their life, or for at least 12 months, or is likely to. 

‘Normal day-to-day activities’ include things like what people need to do at work, actions in the home, and social activities. 

What is a Reasonable Adjustment? 

If you have staff with a disability, the law says that you must make ‘reasonable adjustments’ to ensure they are not at any disadvantage compared to those who are not disabled in your workplace.

A variety of actions count as reasonable adjustments, such as:

• adjusting working hours for someone who has a disability that makes them tired quickly;
• providing a ramp for someone using a wheelchair; and 
• providing specialist equipment to allow a person with a disability to carry out the job.

The meaning of ‘reasonable’ will depend on your individual circumstances as an employer and the job role the person carries out. 

What are the Types of Disability Discrimination?

Six types of disability discrimination are unlawful in the workplace. These are as follows:

• direct discrimination, which is where you treat someone less favourably on the basis that they have a disability or think they have one or because they associate with someone who has a disability;
• indirect discrimination, which is where a practice, policy, or rule in the workplace means that a person is disadvantaged, such as by not being able to access the workplace restaurant;
• harassment, which is unwanted behaviour relating to disability;
• victimisation, which is being treated less favourably because the person was involved in a complaint about harassment or discrimination. 
• failing to make reasonable adjustments; and 
• discrimination arising from a former disability, so discrimination is based on its effect rather than the actual disability.

The latter two types of discrimination only relate to disability discrimination rather than the nine protected characteristics. 

Key Takeaways

Discrimination in the workplace occurs when a person is treated less favourably due to one of the nine protected characteristics. This includes disability discrimination, which means it is unlawful to treat someone at a disadvantage because of a disability. This applies from the recruitment process, throughout employment, and after the job, and all types of workers in the workplace are protected. 

However, a person must meet the legal definition of a disability, and where they do, you must make reasonable adjustments for them. There are six types of disability claim, which includes discrimination arising from a disability, 

If you need help understanding disability discrimination in the workplace, our experienced employment solicitors can assist you as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. So call us today at 0808 196 8584 or visit our membership page.

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