Disclaimer: This article provides general legal information and is not a substitute for individual legal advice. Employment and discrimination cases depend upon their particular facts and circumstances. Anyone involved in a workplace dispute should consider obtaining advice from an appropriately qualified legal professional, Acas, a trade union where applicable, or another suitable advisory service.

Disabled employees and workers in Great Britain are protected from discrimination in the workplace under the Equality Act 2010. These protections extend beyond obvious or visible disabilities and can apply to physical impairments, long-term illnesses, neurological conditions, sensory impairments and mental health conditions where the legal definition of disability is met.

Workplace disability rights can apply throughout the employment relationship, including recruitment, interviews, terms and conditions of employment, pay, training, promotion, disciplinary procedures, redundancy and dismissal. Employers must not treat a person unlawfully because of their disability, and they may also have a legal duty to make reasonable adjustments where a disabled person would otherwise be placed at a substantial disadvantage.

What Is Considered a Disability Under the Equality Act 2010?

The Equality Act generally defines disability as a physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities.

Importantly, disability is not limited to conditions that can be seen. Someone may appear outwardly well while living with a condition that significantly affects their mobility, concentration, energy levels, memory, communication, ability to cope with stress or capacity to perform certain workplace tasks.

The law also recognises that participation in working life can be relevant when considering a person’s ability to carry out normal day-to-day activities.

The Duty to Make Reasonable Adjustments

One of the most important workplace protections is the employer’s duty to make reasonable adjustments.

Reasonable adjustments are changes intended to remove or reduce disadvantages experienced by a disabled person. They should normally be considered according to the individual’s circumstances rather than applying a one-size-fits-all approach.

Adjustments could include:

• Changing working hours or shift patterns.
• Allowing flexible or hybrid working where appropriate.
• Providing additional or modified equipment.
• Providing an accessible workstation.
• Changing where an employee works within a building.
• Allowing additional breaks.
• Adjusting duties or redistributing certain tasks where reasonable.
• Providing information in an accessible format.
• Allowing time away from work for disability-related medical appointments or treatment.
• Providing a phased return following disability-related sickness absence.
• Altering recruitment or assessment procedures.
• Providing additional time during tests or assessments.
• Providing specialist software, ergonomic equipment or other workplace aids.
• Changing workplace policies or procedures where they place a disabled person at a disadvantage.

Acas makes clear that simply giving a disabled employee exactly the same working arrangements as everybody else will not necessarily satisfy the law. Equality may sometimes require an employer to make an adjustment so that the disabled person is not placed at a disadvantage.

Invisible Disabilities and Long-Term Health Conditions

Employers should also recognise that many disabilities are invisible.

Conditions such as multiple sclerosis, chronic pain, epilepsy, autism, ADHD, depression, anxiety disorders and other mental or neurological conditions may affect a person’s working life without being immediately apparent to colleagues or managers.

A person should not have to use a wheelchair, mobility aid or other visible equipment before their disability is taken seriously.

Some conditions may also fluctuate. An employee may be able to perform a task on one day but struggle considerably on another. A person having a relatively good day does not necessarily mean that their underlying impairment has disappeared.

Disability Discrimination at Work

Disability discrimination can arise in several different ways under the Equality Act 2010.

This may include direct discrimination, where someone is treated less favourably because of disability; indirect discrimination, where a workplace rule or practice disadvantages people with a particular protected characteristic and cannot be objectively justified; discrimination arising from disability, where someone is treated unfavourably because of something connected with their disability; and failures to comply with the duty to make reasonable adjustments.

The legislation also provides protection against disability-related harassment and victimisation.

Workplace policies therefore need to be considered not only in terms of whether they apply equally to everyone, but also in terms of how they affect disabled workers in practice.

Recruitment and Disability

Disability rights begin before an individual becomes an employee.

Employers must not discriminate against disabled candidates during recruitment, and there are restrictions on when employers can ask applicants questions about their health or disability before making an offer of employment.

However, employers may ask certain questions for permitted purposes, including determining whether reasonable adjustments are required during an interview or selection process.

For example, a disabled candidate may require wheelchair access, additional time during an assessment, an accessible interview format, assistive technology or another adjustment to participate fairly in the recruitment process.

When an Employee’s Health Changes

Disability can also develop during employment.

An employee who develops a disability or whose existing condition becomes more severe should not automatically be regarded as incapable of continuing to work.

Depending on the circumstances, reasonable adjustments could allow the employee to remain in employment. These might include reduced hours, a phased return, amended duties, specialist equipment or changes to their working environment.

Government guidance specifically states that employers must not discriminate against employees because they become disabled and must consider reasonable adjustments to prevent disadvantage.

Access to Work

Some disabled workers may also be eligible for support through the government’s Access to Work scheme.

Access to Work can sometimes provide assistance beyond the adjustments an employer would ordinarily be expected to make, including specialist equipment, adaptations or support services.

However, Access to Work does not replace an employer’s existing legal responsibilities under equality legislation.

Creating an Inclusive Workplace

Good disability practice should go further than simply responding after difficulties arise.

Employers can help create more inclusive workplaces by encouraging open communication, ensuring managers understand disability discrimination law, considering individual circumstances and avoiding assumptions about what a disabled employee can or cannot do.

Employees should be able to raise disability-related concerns without fearing that requesting an adjustment will damage their career prospects or lead to negative treatment.

For employers, reasonable adjustments can also help retain experienced employees, reduce unnecessary sickness absence and enable people with valuable skills to remain economically active.

For disabled workers, knowing their rights can make the difference between being forced out of employment and being given the practical support necessary to continue contributing effectively.

Ultimately, disability equality in the workplace does not necessarily mean treating everyone identically. It means recognising that different people may require different forms of support so that they can participate in working life on a fair and equitable basis.