Disability discrimination in the workplace (2026): reasonable adjustments and claims

Disability discrimination in the workplace remains one of the most contested employment claims under the Equality Act 2010. Misunderstandings about reasonable adjustment obligations, procedural deadlines, and evidentiary standards cost claimants thousands annually. This guide clarifies the statutory framework, tribunal procedure, and compensation principles based on current case law and GOV.UK guidance. Consult an employment solicitor specialising in disability discrimination law; procedural errors cannot be remedied after tribunal rejection.

Key Takeaway: Can I claim discrimination if my employer refused a reasonable adjustment without mentioning disability?

Yes. Discrimination arising from disability under s.15 of the Equality Act 2010 is actionable separately from direct discrimination. You may claim even if the refusal was not explicitly disability-based, provided the employer knew of your disability and cannot justify the refusal as proportionate to a legitimate aim.

Keep reading to understand how to evidence this, assess compensation, and navigate statutory deadlines.

What counts as disability discrimination in the workplace

The Equality Act 2010 recognises three distinct forms of unlawful disability discrimination, each with different statutory tests and employer defences:

• Direct discrimination (s.13) occurs when an employer treats someone less favourably than a non-disabled comparator in materially similar circumstances solely because of disability; the employer’s defence is limited to genuine occupational requirement, narrowly construed.
• Discrimination arising from disability (s.15) applies when unfavourable treatment stems from a disability-related consequence (absences, functional limitation, medical appointments, fatigue); the employer may defend by proving justification; that the treatment was proportionate to a legitimate aim.
• Failure to make reasonable adjustments (ss.20-21) is actionable regardless of intent; it is a positive statutory duty triggered once the employer knows or reasonably ought to know of the disability, and carries direct statutory liability.

Discrimination arising from disability: What justification cannot defend

Discrimination arising from disability (s.15, Equality Act 2010) occurs when an employer treats someone unfavourably because of something arising in consequence of their disability:

• Absences for medical treatment or appointments.
• Need for flexible breaks, remote work, or role redesign.
• Concentration difficulties or need for quiet working space.
• Fatigue, pain, or cognitive effects limiting shift length or focus.
• Unpredictable or fluctuating symptoms affecting attendance or performance.
• Inability to attend in-person meetings without accessible transport or facilities.

Recent tribunal decisions and ACAS case law summaries establish that justification requires genuine organisational detriment, not operational inconvenience or cost.

Reasonable adjustments: What employers must do under the Equality Act

Section 20 of the Equality Act 2010 imposes a statutory duty to make reasonable adjustments; cost alone does not justify refusal:

• Shift or rota modification.
• Flexible or remote working arrangements.
• Role redesign (removing non-essential tasks).
• Ergonomic equipment (screens, chairs, specialist software).
• Temporary policy suspension (e.g., flexible sick leave during treatment).
• Environmental modifications (accessible parking, quiet spaces, accessible toilets).
• Communication aids (accessible documents, interpreters, text-to-speech software).

Reasonableness is assessed holistically: employer size, available resources, cost proportionality, and availability of less expensive alternatives.

ACAS guidance confirms the employer must explore alternatives or prove the adjustment genuinely prevents business operation. Public sector employers face heightened scrutiny under the Public Sector Equality Duty (s.149). Tribunals scrutinise whether occupational health advice was sought, whether temporary deferral was considered, and whether medical evidence was assessed fairly.

Disability discrimination claims: Three-month deadline and ACAS early conciliation

Disability discrimination claims must be submitted to ACAS Early Conciliation within three months minus one day of the date discrimination occurred (or the last act of a continuing course of conduct). Failure to attempt early conciliation renders a claim automatically out of time.

• Contact ACAS Early Conciliation by phone or online within the three-month window; ACAS will issue a certificate within one month (or earlier if settlement is reached).
• After receiving the certificate, file Form ET1 with the Employment Tribunal within three months of the certificate date.
• The ET1 must specify: the form of discrimination; the employer’s knowledge of disability; the unfavourable treatment or adjustment refused; and the comparator (for direct discrimination) or causal link (for arising from disability or adjustment failure).
• The respondent has 28 days to file ET3; case management discussions typically occur within 8-12 weeks thereafter.
• Final hearing dates depend on tribunal availability and complexity; hearings generally occur 4-8 months after case management discussions.

Disability discrimination claims: Evidence that wins at tribunal

Contemporaneous, objective evidence is strongly favoured by tribunals. Retrospective testimony without supporting documents carries little weight.

• Employer’s response or documented silence; subsequent written follow-ups.
• Unfavourable treatment: disciplinary letters, performance ratings, shift changes, promotion refusals, exclusion notices.
• Original written adjustment requests (email, dated) with supporting medical evidence (GP letters, occupational health reports).
• Evidence of employer knowledge: occupational health referrals, absence records, disclosure emails, sickness certification.
• Causal link: employer emails or meeting notes linking decisions to disability-related factors (“too many absences,” “unreliable attendance”).

Disability discrimination compensation: Injury to feelings and settlement

Compensation for disability discrimination comprises three elements: pecuniary loss (unpaid wages, benefits forgone, promotion denied), personal injury (medical costs, psychiatric treatment), and injury to feelings (emotional harm, reputational damage, loss of confidence).

• Injury-to-feelings awards follow the Vento framework: low band (isolated incidents, limited emotional impact); middle band (serious incidents with demonstrable emotional harm); higher band (serious, prolonged, or systemic discrimination with significant psychological injury).
• Reasonable adjustment refusals coupled with dismissive language or procedural unfairness may fall within the middle band; awards may be higher where discrimination was persistent (6+ months) and caused demonstrable psychiatric deterioration.
• Pecuniary loss is calculated by comparing actual earnings to counterfactual earnings absent discrimination; this is often difficult where alternative employment was secured.
• Settlements before tribunal vary widely depending on claim strength, evidence quality, procedural risk, and party risk appetite; parties frequently negotiate to avoid tribunal costs and delay.
• Tribunal costs awards against claimants are rare; costs against employers may apply if they unreasonably refuse settlement or behave abusively during proceedings.

FAQs

What is disability discrimination? Disability discrimination is unfavourable treatment based on disability itself, disability-related consequences, or failure to make reasonable adjustments. It is unlawful under the Equality Act 2010 and actionable via employment tribunal claim under ss.13, 15, or 20–21.

How do I prove disability discrimination in the workplace? Provide contemporaneous evidence: disclosure of disability to the employer (email, occupational health referral, absence records), the unfavourable treatment (disciplinary action, adjustment refusal, exclusion), and causal link (employer communications linking the decision to disability). Medical evidence and witness statements strengthen proof.

What compensation can I claim for disability discrimination? Compensation comprises pecuniary loss (unpaid wages, benefits forgone), personal injury (medical costs), and injury to feelings. Awards may vary widely depending on claim circumstances, severity, duration, and tribunal assessment; settlements often reflect claim strength and procedural risk.

Disability discrimination claims require contemporaneous evidence, strict adherence to the three-month deadline, and procedural compliance with ACAS and tribunal rules. Reasonable adjustment refusals, coupled with employer knowledge and causation evidence, are commonly litigated and subject to detailed tribunal scrutiny. Compensation reflects injury-to-feelings awards, pecuniary loss, and personal injury; early solicitor intervention supports effective claim management and settlement negotiation.

This article is general guidance only, not legal advice. Always consult a qualified employment solicitor for case-specific advice.

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KEY TAKEAWAYS:

• Disability discrimination has three statutory forms under the Equality Act 2010: direct discrimination (s.13), discrimination arising from disability (s.15), and failure to make reasonable adjustments (ss.20-21). All claims must reach ACAS Early Conciliation within three months of discrimination, then tribunal within three months of the conciliation certificate.
• Reasonable adjustments are a positive obligation; employers cannot defend solely on cost. Tribunals examine whether less restrictive alternatives existed. Compensation varies depending on injury to feelings, procedural fairness, and pecuniary loss.
• Evidence wins cases: contemporaneous records and witness statements proving causation, employer knowledge, and comparator treatment are essential. Legal representation supports procedural compliance and strengthens settlement negotiation.