What is Disability Discrimination?

Disability discrimination occurs when someone is treated unlawfully because of disability or in circumstances connected with disability.

The Equality Act 2010 protects disability as a protected characteristic and provides several different forms of protection at work.

Disability discrimination can arise because of:

• Your own disability
• A disability someone believes you have
• Your association with a disabled person
• Something arising as a consequence of your disability
• A failure to make reasonable adjustments
• Disability-related harassment
• Victimisation after raising or supporting a discrimination complaint

Protection can apply throughout the employment relationship, including recruitment, pay, promotion, training, performance management, disciplinary proceedings, redundancy and dismissal.

Who is Protected Against Disability Discrimination?

The Equality Act protects a wide range of people in the workplace.

Depending on the working arrangement, this can include:

• Employees
• Workers
• Job applicants
• Apprentices and trainees
• Agency and contract workers
• Office-holders
• Company directors in qualifying circumstances
• Partners
• People on secondment
• Certain self-employed contractors who personally provide services

Someone does not necessarily need a conventional employment contract to receive protection.

However, not every genuinely self-employed person automatically falls within employment discrimination law. The nature of the working relationship and the way services are provided will be relevant.

The Equality Act 2010 applies in England, Wales and Scotland. Separate discrimination legislation applies in Northern Ireland.

How is Disability Defined Under the Equality Act?

You will generally be considered disabled under the Equality Act if you have:

A physical or mental impairment that has a substantial and long-term adverse effect on your ability to carry out normal day-to-day activities.

The main elements are:

• Physical or mental impairment – This can include physical conditions, mental health conditions, learning disabilities and sensory impairments
• Substantial effect – The effect must be more than minor or trivial
• Long-term effect – The effect has lasted, or is likely to last, at least 12 months or for the rest of your life
• Normal day-to-day activities – These can include everyday activities carried out by people generally

The legal focus is usually on how the condition affects you, rather than simply the medical label attached to it.

What Counts as a Normal Day-to-Day Activity?

Normal day-to-day activities can include things such as:

• Walking
• Standing
• Sitting
• Lifting
• Writing
• Reading
• Using a computer
• Concentrating
• Remembering information
• Communicating
• Following instructions
• Travelling
• Interacting with other people
• Carrying out ordinary workplace activities

The effect of an impairment can also be relevant where symptoms fluctuate or recur rather than remaining constant every day.

Which Conditions Automatically Meet the Disability Definition?

Certain conditions receive special treatment under the Equality Act.

A person with:

• Cancer
• HIV infection
• Multiple sclerosis

is treated as disabled from the point of diagnosis.

Certain people who are certified as:

• Blind
• Severely sight impaired
• Sight impaired
• Partially sighted

can also be automatically treated as disabled under the applicable regulations.

Severe disfigurements are subject to special rules and can qualify without the individual having to demonstrate the usual substantial effect on normal day-to-day activities, although the statutory requirements still need to be considered.

Are Any Conditions Specifically Excluded?

Yes.

Certain conditions are specifically excluded from the statutory definition.

For example, addiction to:

• Alcohol
• Nicotine
• Non-prescribed drugs or other substances

is not itself treated as an impairment for Equality Act disability purposes.

However, a separate physical or mental condition caused by an addiction could potentially meet the definition in its own right.

Other statutory exclusions also apply in particular circumstances.

Are Past Disabilities Protected?

Yes.

The Equality Act can continue to protect someone who had a qualifying disability in the past, even if they have since recovered.

For example, an employer could potentially discriminate unlawfully by refusing someone a promotion because of a previous mental health condition that previously met the statutory definition.

Can Long Covid Amount to a Disability?

Potentially.

Long Covid is not automatically treated as a disability simply because someone has been diagnosed with it.

However, it can meet the Equality Act definition where its effects are:

• Substantial
• Adverse
• Long term
• Affecting normal day-to-day activities

Symptoms can be fluctuating and may include fatigue, concentration difficulties, breathlessness or other effects.

Whether Long Covid amounts to a disability therefore depends on the impact and expected duration in the individual case.

Can Depression or Another Mental Health Condition Be a Disability?

Yes, potentially.

Depression, anxiety and other mental health conditions can amount to disabilities under the Equality Act where the statutory test is satisfied.

The key questions usually include:

• Is there a mental impairment?
• Does it have more than a minor or trivial effect?
• Does it affect normal day-to-day activities?
• Has the effect lasted, or is it likely to last, at least 12 months?

Relevant effects might include difficulties with:

• Concentration
• Memory
• Sleep
• Communication
• Social interaction
• Motivation
• Following routines
• Travelling
• Managing everyday activities

A formal medical diagnosis can provide useful evidence, but the legal test focuses principally on the impairment and its effects.

Where medication or treatment reduces the symptoms, the Tribunal may need to consider what the effect would be without that treatment, subject to the applicable statutory rules.

For related guidance, see Stress at Work.

What Types of Disability Discrimination Can Occur?

There are six main forms of disability discrimination at work:

• Direct discrimination
• Indirect discrimination
• Discrimination arising from disability
• Failure to make reasonable adjustments
• Harassment
• Victimisation

Different legal tests apply to each type of claim.

What is Direct Disability Discrimination?

Direct disability discrimination occurs where someone is treated less favourably because of disability.

For example, an employer might reject the best-qualified applicant purely because the applicant is disabled.

A comparator will usually be required. This may be:

• A real person
• A hypothetical person

The circumstances should be materially similar except for the disability-related factor being considered.

Direct discrimination can arise in areas such as:

• Recruitment
• Pay
• Benefits
• Training
• Promotion
• Work allocation
• Disciplinary action
• Redundancy
• Dismissal

An employer cannot normally justify straightforward direct disability discrimination simply by arguing that it had a convenient or commercially preferable reason.

There are, however, limited statutory exceptions in particular circumstances.

What is Discrimination by Perception?

Direct discrimination can occur even where you are not actually disabled.

Discrimination by perception arises where someone incorrectly believes that you have a disability and treats you less favourably because of that belief.

For example, an employee may be treated negatively because colleagues wrongly assume that they have a particular mental health condition.

The fact that the employee does not actually meet the Equality Act definition of disability does not necessarily prevent this type of claim.

What is Disability Discrimination by Association?

You may also be protected where you are treated less favourably because of your connection with a disabled person.

For example, an employee who cares for a disabled child or parent may potentially experience direct discrimination if their employer denies them opportunities because of that association.

Association can also arise through other relationships, depending on the circumstances.

However, rights such as the duty to make reasonable adjustments are generally concerned with the disabled person themselves rather than someone associated with a disabled person.

What is Indirect Disability Discrimination?

Indirect discrimination can arise where an employer applies a rule, policy or working practice to everyone but it disadvantages people sharing a particular disability and puts you personally at that disadvantage.

The employer's rule might appear neutral.

Examples could include:

• Requiring everyone to attend meetings in a location that creates particular difficulties for people with mobility impairments
• Requiring rigid working hours that disadvantage people affected by certain health conditions
• Operating working practices that create particular difficulties for people with particular disabilities

Indirect disability discrimination does not require an intention to discriminate.

Can Indirect Disability Discrimination Be Justified?

Potentially.

An employer can defend indirect discrimination if it can establish that the relevant provision, criterion or practice was a proportionate means of achieving a legitimate aim.

This requires more than simply showing that the policy was convenient.

The Tribunal may consider:

• What legitimate objective the employer was trying to achieve
• Whether the rule genuinely contributed to that objective
• How serious the discriminatory disadvantage was
• Whether a less discriminatory alternative was available
• Whether the employer properly considered reasonable alternatives

Each case will depend on its particular facts.

What is Discrimination Arising From Disability?

This is a form of discrimination specific to disability.

It occurs where a disabled person is treated unfavourably because of something arising in consequence of their disability, rather than because of the disability itself.

Examples of things arising from disability can include:

• Disability-related absence
• Regular medical appointments
• A need for additional breaks
• Changes in behaviour caused by medication
• Difficulty communicating
• Mobility difficulties
• Spelling or reading difficulties caused by dyslexia
• The need for an assistance dog

Unlike direct discrimination, there is no requirement to identify someone without a disability who was treated differently.

What Are Examples of Discrimination Arising From Disability?

Potential examples include:

• Refusing a bonus because of disability-related sickness absence
• Issuing warnings because of disability-related absence without properly considering the circumstances
• Rejecting someone for promotion because of a consequence of their disability
• Selecting someone for redundancy because of disability-related performance issues
• Penalising an employee because they need disability-related breaks
• Dismissing someone because of behaviour arising from a qualifying medical condition

Not every unfavourable decision connected with disability will automatically be unlawful.

Can Discrimination Arising From Disability Be Justified?

Yes, potentially.

An employer may defend the treatment where it can establish that the decision was a proportionate means of achieving a legitimate aim.

The employer will need to justify the unfavourable treatment in the particular circumstances.

For example, genuine operational requirements can be relevant, but the employer should also consider whether reasonable adjustments or less discriminatory alternatives could have achieved the same objective.

Does the Employer Need to Know About Your Disability?

For discrimination arising from disability, an employer will generally not be liable where it did not know and could not reasonably have been expected to know that you were disabled.

Knowledge is also particularly important in relation to the duty to make reasonable adjustments.

An employer cannot always simply say, "You never told us."

Depending on the circumstances, it may be reasonably expected to investigate further where there are clear signs that a worker may have a disability.

Relevant indicators can include:

• Significant or recurring sickness absence
• Occupational health information
• Medical certificates
• Requests for workplace support
• Noticeable difficulties carrying out particular activities
• Information previously given to management or HR

The knowledge requirements differ between the various forms of disability discrimination, so they should not be treated as identical for every type of claim.

Do You Have to Tell Your Employer That You Are Disabled?

There is no general requirement to disclose a disability to an employer simply because you have one.

Some disabilities are not obvious and individuals may have legitimate reasons for keeping medical information private.

However, if you require workplace support or reasonable adjustments, telling the employer about the condition and how it affects you can make it easier for the employer to understand what support is required.

Where the employer does not know and could not reasonably have been expected to know about the disability, this can affect certain disability discrimination claims.

What is the Duty to Make Reasonable Adjustments?

Employers have a legal duty to make reasonable adjustments for disabled workers and job applicants in qualifying circumstances.

The purpose is to remove or reduce disadvantages faced because of disability.

The duty can arise where a disabled person is placed at a substantial disadvantage because of:

• A provision, criterion or practice
• A physical feature of the workplace
• The absence of an auxiliary aid

A failure to comply with the duty can itself amount to unlawful disability discrimination.

For further guidance, see Reasonable Adjustments.

What is a Provision, Criterion or Practice?

A provision, criterion or practice, commonly called a PCP, is a broad concept.

It can include:

• Formal policies
• Informal workplace rules
• Working arrangements
• Management practices
• Requirements
• Procedures
• Expectations applied in practice

Examples could include:

• A requirement to work fixed hours
• A requirement to travel frequently
• A requirement to attend the workplace every day
• A hot-desking policy
• A particular sickness absence procedure
• Performance targets
• A requirement to attend face-to-face meetings

The question is whether the PCP places the disabled person at a substantial disadvantage compared with people who are not disabled.

What Are Examples of Reasonable Adjustments?

Reasonable adjustments will depend on the employee's disability, role and circumstances.

Examples can include:

• Changing working hours
• Allowing additional rest breaks
• Adjusting start or finish times
• Allowing home or hybrid working where appropriate
• Changing particular duties
• Providing specialist equipment
• Providing assistive software
• Altering performance targets where appropriate
• Adjusting absence-management procedures
• Providing information in accessible formats
• Changing the location of meetings
• Providing a suitable parking space
• Adjusting the physical workplace
• Providing additional supervision or support
• Allowing extra time for particular tasks
• Changing methods of communication
• Providing training or support to colleagues

An employer should discuss potential adjustments with the disabled person rather than making assumptions about what they need.

What Adjustments Might Help Someone With Dyslexia?

Depending on the individual's needs and role, adjustments could include:

• Allowing additional time for written tasks
• Providing text-to-speech or speech-to-text software
• Giving instructions verbally as well as in writing
• Providing information in an accessible format
• Allowing important written work to be proofread where appropriate
• Providing recording tools for meetings or instructions
• Adjusting particular written assessments

The appropriate adjustment will depend on the actual disadvantage experienced.

What Adjustments Might Help Someone With a Visual Impairment?

Possible adjustments can include:

• Screen-reading software
• Magnification technology
• Large-print materials
• Braille where appropriate
• Improved lighting
• Changes to workstation layout
• Accessible electronic documents
• Physical alterations to workplace access
• Assistance with navigating unfamiliar areas

What Adjustments Might Help Someone With Mobility Difficulties?

Depending on the circumstances, adjustments could include:

• Accessible parking
• Improved workplace access
• Appropriate seating
• Reduced travel requirements
• Additional rest breaks
• Moving a workstation
• Remote working
• Changes to working hours
• Accessible meeting locations

What Adjustments Can Help With Mental Health Conditions?

Reasonable adjustments for mental health conditions can include:

• Flexible start and finish times
• Changes to working patterns
• More regular breaks
• Temporary workload adjustments
• Changes to communication methods
• Additional supervision or check-ins
• A quieter working environment
• Home working where appropriate
• Adjustments to performance or absence procedures
• A structured return-to-work plan

What is reasonable will depend on the individual's needs and the requirements of the job.

Does an Employer Have to Make Every Adjustment Requested?

No.

The legal duty is to make adjustments that are reasonable.

Relevant factors can include:

• Whether the adjustment would reduce the disadvantage
• How practical it is
• Its cost
• The employer's financial and other resources
• Disruption to the business
• Health and safety considerations
• Availability of external assistance
• The nature and size of the organisation

An employer does not necessarily have to remove an essential part of the job itself.

However, an employer should not simply reject an adjustment because it creates some inconvenience or expense.

If the requested adjustment is not reasonable, the employer should consider whether another effective adjustment could be made.

Who Pays for Reasonable Adjustments?

The employer is responsible for the cost of reasonable adjustments.

An employer should not require the disabled employee to pay for an adjustment that the employer is legally required to provide.

Financial support may sometimes also be available through schemes such as Access to Work, but the existence of external funding does not remove the employer's legal responsibilities.

What if Your Employer Refuses Reasonable Adjustments?

If your employer refuses an adjustment, you should ask for an explanation.

Depending on the circumstances, you may wish to:

• Discuss alternative adjustments
• Provide medical or occupational health information
• Put your request in writing
• Keep records of your requests
• Raise the matter informally
• Raise a formal grievance
• Seek professional advice

A failure to make reasonable adjustments can form the basis of an Employment Tribunal claim.

What is Disability Harassment?

Disability harassment occurs where there is unwanted conduct related to disability which has the purpose or effect of:

• Violating someone's dignity
• Creating an intimidating environment
• Creating a hostile environment
• Creating a degrading environment
• Creating a humiliating environment
• Creating an offensive environment

When considering the effect of the conduct, the Tribunal can take account of:

• The person's perception
• The wider circumstances
• Whether it was reasonable for the behaviour to have that effect

What Are Examples of Disability Harassment?

Examples can include:

• Disability-related insults
• Offensive jokes
• Name-calling
• Mimicking someone's impairment
• Derogatory comments about disabled people
• Inappropriate comments about someone's medical condition
• Humiliating comments about reasonable adjustments
• Deliberately excluding someone because of disability
• Displaying offensive disability-related material
• Creating an offensive culture concerning disabled people

Harassment does not necessarily need to be aimed directly at the person bringing the complaint.

Someone can potentially experience harassment because offensive disability-related behaviour creates a hostile workplace environment.

What About Harassment by Customers or Other Third Parties?

As at 8 September 2026, employers are not generally automatically liable under the Equality Act simply because disability-related harassment was carried out by a customer, client or another third party.

However, employers should still take reasonable action to protect workers where they know harassment is taking place.

This law is changing.

From 30 October 2026, employers will potentially be liable for harassment by third parties unless they can show that they took all reasonable steps to prevent it.

Third parties can include:

• Customers
• Clients
• Service users
• Patients
• Contractors
• Consultants
• Members of the public
• People attending work-related events

What is Victimisation?

Victimisation occurs where someone is subjected to a detriment because they have carried out, or are believed to have carried out, a protected act under the Equality Act.

Protected acts can include:

• Making a disability discrimination complaint
• Raising a discrimination grievance
• Bringing Equality Act proceedings
• Giving evidence in another person's discrimination case
• Supporting someone else's complaint
• Making allegations that the Equality Act has been breached

Examples of victimisation might include:

• Being labelled a troublemaker
• Being excluded from opportunities
• Being subjected to increased criticism
• Being refused promotion
• Being treated negatively after supporting a colleague's complaint

There is no need to identify another employee who was treated differently.

Who Can Be Liable for Disability Discrimination?

Depending on the circumstances, liability can potentially arise against:

• The employer
• An individual employee who carried out the discriminatory act
• Another person legally responsible under the Equality Act

Employers can be held responsible for discriminatory acts carried out by employees in the course of employment.

An employer may have a defence if it can establish that it took all reasonable steps to prevent the employee from carrying out the discriminatory conduct.

This can include measures such as:

• Effective equality policies
• Appropriate training
• Proper complaint procedures
• Prompt investigations
• Taking previous complaints seriously
• Appropriate disciplinary action

From 30 October 2026, the law concerning employer liability for third-party harassment will also strengthen.

Can Employers Ask About Disability During Recruitment?

Employers are generally restricted from asking candidates about their health or disability before making a job offer.

There are limited exceptions.

An employer may ask appropriate questions where necessary to:

• Establish whether reasonable adjustments are needed during recruitment
• Determine whether an applicant can carry out an essential function of the role
• Monitor diversity
• Take lawful positive action
• Determine whether an occupational requirement is satisfied
• Carry out certain national security checks

For example, an employer can ask whether a candidate needs an adjustment to attend an interview or complete an assessment.

It should not generally ask broad questions about medical history or previous sickness absence simply to decide whether the candidate is desirable to employ.

Can an Employer Ask Health Questions After Making a Job Offer?

The Equality Act's specific restriction on pre-employment health questions does not operate in exactly the same way after an offer has been made.

However, an employer must still comply with discrimination and data protection law.

If health information identifies a disability, the employer should consider:

• Whether reasonable adjustments are required
• Whether the employee can perform the role with appropriate adjustments
• Whether any decision based on that information is lawful and objectively justified where required

An employer should not automatically withdraw an offer simply because a disability has been disclosed.

What is an Occupational Requirement?

An occupational requirement is a narrow statutory exception allowing a particular protected characteristic to be required where it is genuinely essential to the role and the requirement is proportionate.

It is not a general defence allowing employers to reject disabled people because they believe a non-disabled person would be more convenient.

For example, there may be a role where having personal experience of a particular disability is genuinely central to the work being performed.

Any occupational requirement must be assessed carefully and cannot simply be assumed.

What Other Defences Can an Employer Rely On?

Different defences apply to different forms of disability discrimination.

For example:

Indirect Discrimination

The employer may seek to demonstrate that the provision, criterion or practice was a proportionate means of achieving a legitimate aim.

Discrimination Arising From Disability

The employer can potentially rely on objective justification by demonstrating that the unfavourable treatment was proportionate to a legitimate aim.

The employer will also generally have a defence if it neither knew nor could reasonably have been expected to know that the person was disabled.

Reasonable Adjustments

The employer may argue that the proposed adjustment was not reasonable.

What is reasonable depends on the individual circumstances.

Direct Discrimination

Straightforward direct disability discrimination cannot normally be justified simply by establishing a business reason, although specific statutory exceptions can apply in limited situations.

How Difficult is Disability Discrimination to Prove?

Discrimination is not always obvious.

There will rarely be an email saying that a decision was made "because the employee is disabled".

Employment Tribunals can therefore consider the surrounding evidence and draw appropriate inferences.

Evidence might include:

• Emails
• Messages
• Meeting notes
• Comments made by managers
• Differences in treatment
• Performance records
• Medical or occupational health documents
• Reasonable adjustment requests
• Recruitment documentation
• Redundancy scoring
• Grievance correspondence
• Witness evidence
• A timeline of events

Discrimination also does not have to be deliberate or conscious.

Who Has the Burden of Proving Discrimination?

Initially, the claimant must establish facts from which the Tribunal could conclude that unlawful discrimination occurred.

If sufficient facts are established, the burden can then shift to the employer to provide a non-discriminatory explanation.

The Tribunal decides factual issues on the balance of probabilities.

This means the Tribunal considers what is more likely than not to have happened.

The precise burden-of-proof analysis can be legally complex and depends on the evidence in each case.

Should You Raise a Grievance?

If you are still employed, it can often be sensible to try to resolve the problem internally first.

You may initially raise the issue with:

• Your manager
• Human Resources
• Another appropriate manager
• A trade union representative

If the problem cannot be resolved informally, you may consider raising a formal grievance.

Your grievance should normally explain:

• What happened
• Why you believe the treatment was discriminatory
• Who was involved
• Relevant dates
• Supporting evidence
• Any adjustments required
• What outcome you are seeking

Raising a grievance does not prevent you from starting an Employment Tribunal claim if necessary.

Importantly, a grievance does not normally extend the Employment Tribunal deadline.

What Remedies Can an Employment Tribunal Award?

If a disability discrimination claim succeeds, an Employment Tribunal can potentially:

• Make a declaration about the parties' rights
• Award financial compensation
• Make an appropriate recommendation

The remedy will depend on the type of discrimination and the loss suffered.

Is Disability Discrimination Compensation Capped?

No.

Unlike the ordinary unfair dismissal compensatory award, there is generally no statutory upper limit on compensation for unlawful discrimination.

Compensation can potentially include:

• Past loss of earnings
• Future loss of earnings
• Loss of benefits
• Lost bonus or commission
• Pension loss where appropriate
• Injury to feelings
• Personal injury caused by the discrimination
• Aggravated damages in appropriate cases
• Interest

The claimant is still expected to take reasonable steps to reduce financial losses, for example by looking for alternative work where appropriate.

What Are the Current Vento Bands?

Employment Tribunals use guidelines known as the Vento bands when assessing compensation for injury to feelings.

For claims presented on or after 6 April 2026, the bands are:

• Lower band: £1,300 to £12,600 – Generally for less serious cases
• Middle band: £12,600 to £37,700 – For cases that do not justify an award in the upper band
• Upper band: £37,700 to £62,900 – Generally for the most serious cases

In exceptional cases, an award can exceed £62,900.

The appropriate band depends on the seriousness and impact of the discrimination rather than simply the number of discriminatory incidents.

Can You Claim for Personal Injury Caused by Disability Discrimination?

Potentially.

An Employment Tribunal does not provide a general standalone personal injury jurisdiction.

However, where physical or psychiatric injury has been caused by unlawful discrimination, appropriate compensation can potentially form part of the discrimination award.

Medical evidence may be important in establishing:

• The nature of the injury
• Its severity
• Its cause
• Treatment required
• Duration
• Prognosis
• Future effects

Psychiatric injury should also be distinguished from an ordinary injury to feelings award, although both can potentially arise in the same case without allowing double recovery for the same harm.

What Factors Can Affect Compensation for Psychiatric Injury?

Relevant factors can include:

• Ability to cope with everyday life
• Ability to work
• Effect on relationships
• Severity of symptoms
• Duration of symptoms
• Treatment received
• Likely success of treatment
• Prognosis
• Future vulnerability
• Whether medical assistance has been sought
• The circumstances in which the injury occurred

Expert medical evidence may be required in more substantial cases.

What Usually Cannot Be Claimed?

Depending on the circumstances, you will not normally receive:

• A separate injury-to-feelings award for every individual incident forming part of the same overall discriminatory course of conduct
• A personal apology simply because the discrimination claim succeeds
• Automatic reimbursement of all legal costs
• Separate compensation solely for reputational damage without an identifiable recoverable loss

Employment Tribunal costs do not normally follow the result in the same way as ordinary civil court proceedings.

However, costs can be awarded in particular circumstances, including where a party or representative has acted unreasonably.

What Are the Time Limits for Disability Discrimination Claims?

Employment Tribunal deadlines are strict.

As at 8 September 2026, most disability discrimination claims must generally be started within three months minus one day of the discriminatory act complained about.

Where there is a continuing discriminatory course of conduct, time may run from the end of that continuing act.

However, a series of related events is not automatically treated as one continuing act, so the correct deadline can be difficult to determine.

Before bringing most Employment Tribunal claims, you must normally notify Acas and begin Early Conciliation.

Where Acas is notified within the applicable deadline, Early Conciliation can pause the limitation period.

From 1 October 2026, the general time limit for most Employment Tribunal claims will increase to six months minus one day where the relevant time limit begins on or after that date.

For further information, see Employment Tribunal Proceedings.

Can a Tribunal Accept a Late Disability Discrimination Claim?

Potentially.

Employment Tribunals have discretion to extend the time limit for Equality Act claims where they consider it just and equitable to do so.

However, an extension should never be assumed.

Factors such as:

• The length of the delay
• Reasons for the delay
• Effect on the evidence
• Prejudice to each party
• When the claimant became aware of relevant matters

can potentially be relevant.

Employees should therefore act promptly rather than relying on the possibility that a late claim will be accepted.

What Should You Do if You Believe You Have Been Discriminated Against?

If you believe disability discrimination is taking place, useful practical steps can include:

• Keeping a detailed timeline
• Saving relevant emails and messages
• Recording discriminatory comments
• Keeping copies of medical evidence
• Keeping reasonable adjustment requests
• Keeping occupational health reports
• Retaining performance and absence records
• Raising concerns promptly
• Making a formal grievance where appropriate
• Checking the Employment Tribunal deadline
• Obtaining professional advice

Where redundancy is involved, you may also wish to review Redundancy.

When Should You Seek Professional Advice?

Advice may be particularly useful where:

• Reasonable adjustments have been refused
• Your disability is affecting performance or attendance procedures
• You are facing disciplinary action
• You have been selected for redundancy
• You have been denied promotion
• You believe disability affected recruitment
• You have experienced disability-related harassment
• You are considering resigning
• Your employment has been terminated
• You have been offered a settlement agreement
• An Employment Tribunal deadline may be approaching

Disability discrimination law contains several different legal tests, and the correct claim will depend on exactly what happened, what the employer knew and how the treatment was connected with disability.