UK Disability Rights Overhaul 2025: End Pay Gaps and Discrimination or Face Tribunal Fury!
Under the Equality Act 2010, UK employers must implement reasonable adjustments and combat all forms of disability discrimination, evolving beyond reporting to foster genuine workplace inclusivity.
• publicMoving Beyond Pay Gap Reporting to Inclusivity
The Equality Act 2010 serves as your primary shield against workplace discrimination based on disability. This legislation protects a broad spectrum of individuals - employees, workers, contractors, self-employed people, job applicants, and former employees when references are involved. Every aspect of your work life falls under this protection, from the moment you apply for a job through interviews and assessments, to your working conditions, career progression, training opportunities, and even dismissal procedures.
At the heart of these protections lies the legal definition of disability. Under the Act, you have a disability if you experience a physical or mental impairment that substantially and long-term affects your ability to carry out normal daily activities. "Substantial" means more than minor - think of taking much longer to complete routine tasks. "Long-term" typically means lasting or likely to last 12 months or more, though some conditions like cancer, HIV, and multiple sclerosis receive automatic protection from diagnosis.
The definition extends beyond visible conditions to include hidden disabilities such as mental health conditions, learning differences, and chronic illnesses. Even past disabilities receive protection under the law.
What makes this particularly important for modern workplaces?
The law doesn't just prevent discrimination - it actively requires employers to level the playing field. You're protected not only from direct unfair treatment but also from policies that might unintentionally disadvantage disabled people. Litigated's analysis of recent tribunal cases shows how courts increasingly expect employers to demonstrate proactive steps towards disability inclusion, moving well beyond basic compliance.
Defining Disability Under the Equality Act 2010
Understanding what counts as a disability under UK law helps you recognise when these important protections apply. The legal definition focuses on impact rather than diagnosis, which means you don't need a specific medical label to qualify for protection.
The Act covers:
- Physical impairments like mobility restrictions, sensory impairments affecting sight or hearing, and ongoing health conditions
- Mental impairments include depression, anxiety, bipolar disorder, schizophrenia, and neurodivergent conditions like autism, ADHD, and dyslexia
- Learning difficulties
"Substantial and long-term" doesn't mean severe - it simply means more than minor or trivial. If your condition significantly affects how you perform everyday activities like concentrating, remembering information, or interacting with others, this likely qualifies as substantial. The assessment looks at what you can't do or can only do with difficulty, not what you can manage.
The "long-term" requirement covers conditions lasting or expected to last at least 12 months. This includes fluctuating conditions where symptoms come and go, progressive conditions that worsen over time, and conditions successfully managed through medication or treatment.
Some conditions receive special treatment under the law. Cancer, HIV, and multiple sclerosis are automatically considered disabilities from diagnosis, regardless of current symptoms. Past disabilities also count - if you previously had a condition meeting the Act's definition, you remain protected.
Why does this broad definition matter?
It ensures comprehensive coverage for the estimated 14.6 million disabled people in the UK. Litigated tribunal analysis reveals that many successful discrimination claims involve conditions that employers initially didn't recognise as disabilities. This highlights the importance of understanding the law's inclusive approach to disability definition.
Exploring the Different Types of Disability Discrimination
Disability discrimination takes several forms, each with distinct characteristics and legal implications. Recognising these different types helps you identify when discrimination occurs and understand your rights.
Direct Discrimination
Direct discrimination happens when you receive less favourable treatment specifically because of your disability. This is the most straightforward form - an employer refusing to hire you solely because you use a wheelchair, despite your ability to perform the job effectively.
This type also includes discrimination by association and perception. If you're treated unfairly because you care for a disabled family member, or because someone wrongly believes you have a disability, you're still protected. The key element is the connection between the unfavourable treatment and disability.
Indirect Discrimination
Indirect discrimination occurs when a seemingly neutral policy or practice puts disabled people at a particular disadvantage. A requirement for all employees to work standard office hours might appear fair, but it could disadvantage people with certain health conditions who need flexible arrangements.
The employer must show they can objectively justify such policies. Simply saying "that's how we've always done it" isn't enough - there must be a genuine business reason that outweighs the discriminatory impact.
Discrimination Arising From Disability
This involves unfavourable treatment because of something connected to your disability, rather than the disability itself. Being disciplined for higher absence rates caused by your condition, or being passed over for promotion due to reduced productivity during flare-ups, could fall into this category.
Unlike direct discrimination, there's no need to compare your treatment with non-disabled colleagues. The focus is on whether the unfavourable treatment is linked to the consequences of your disability and whether the employer can justify their actions.
Failure to Make Reasonable Adjustments
Employers have a positive duty to make reasonable adjustments to remove barriers you face because of your disability. This isn't just about providing equipment - it covers any modification that could reduce your disadvantage.
Failing to make reasonable adjustments when required constitutes discrimination. Recent Litigated case analysis shows tribunals taking an increasingly strict view of what constitutes "reasonable," particularly where employers haven't properly explored available options.
Harassment
Harassment involves unwanted conduct related to your disability that violates your dignity or creates a hostile environment. This includes:
- Jokes, comments, or behaviour that makes you feel uncomfortable
- Actions that create an intimidating environment
- Conduct that humiliates or violates your dignity
Employers are responsible for employee harassment and must take reasonable steps to prevent harassment by third parties, such as customers or clients.
Victimisation
Victimisation occurs when you're treated badly because you've complained about discrimination, supported someone else's complaint, or given evidence in a discrimination case. This protection ensures you can assert your rights without fear of retaliation.
Even if your original complaint was unsuccessful, you're still protected from victimisation for having raised it in good faith.
Disability Discrimination in Practice: Throughout the Employment Lifecycle
Disability discrimination protections apply throughout your entire employment journey, from first application to final reference. Understanding how these rights work in practice helps you recognise potential issues and take appropriate action.
Recruitment and Selection
The recruitment process must be accessible and fair. Employers generally cannot ask about your health or disability before making a job offer, with limited exceptions for determining if adjustments are needed for interviews or assessing your ability to perform essential job functions.
Reasonable adjustments during recruitment might include:
- Providing application forms in different formats
- Allowing extra time for tests
- Adapting interview conditions
- Modifying working hours
- Providing special equipment
- Adjusting duties
- Allowing work from home
Job descriptions should focus on essential requirements rather than assumptions about what disabled people can or cannot do.
Litigated's analysis of recent tribunal cases shows that discrimination claims often succeed where employers made assumptions about candidates' abilities based on their disabilities, rather than conducting proper assessments.
During Employment
Your disability rights continue throughout your employment. This covers all aspects of work life - pay, benefits, training opportunities, performance management, and career progression. Employers must ensure their policies don't unfairly impact disabled employees.
Reasonable adjustments might involve modifying your working hours, providing special equipment, adjusting your duties, or allowing you to work from home. The key is ongoing dialogue about what support you need to perform effectively.
Performance management requires particular care. If your disability affects your performance, employers should consider what adjustments might help before taking disciplinary action. Simply applying standard performance procedures without considering disability-related factors could constitute discrimination.
Ending Employment
Decisions about dismissal, redundancy, or retirement must not be discriminatory. Selecting you for redundancy based on disability-related absence, or dismissing you for performance issues arising from your disability without considering further adjustments, could be unlawful.
Constructive dismissal claims can arise where employers fail to address discriminatory treatment, forcing you to resign. The law recognises that sometimes discrimination makes continuing employment impossible.
Harassment and Victimisation in Context
Protection from harassment and victimisation applies throughout your employment. Employers must take proactive steps to prevent harassment and ensure you feel safe raising concerns about discriminatory treatment.
Creating a culture where disability discrimination is clearly unacceptable helps prevent these issues from arising. When problems do occur, swift and effective action is essential to maintain a respectful workplace.
The Duty to Make Reasonable Adjustments
The reasonable adjustments duty represents one of the most important aspects of disability employment rights. Unlike other types of discrimination that focus on equal treatment, this duty requires employers to treat disabled people differently when necessary to level the playing field.
What Constitutes a "Reasonable" Adjustment?
Reasonableness depends on various factors, including the adjustment's effectiveness, practicality, cost, and the employer's size and resources. The duty applies when an employer knows or should reasonably know about your disability and the resulting disadvantage.
The test is objective—what would a reasonable employer do in similar circumstances? Small businesses aren't expected to make the same adjustments as large corporations, but they must still consider what's reasonable for their situation.
Effectiveness is key. Even if an adjustment is cheap and easy to implement, it may not be reasonable if it doesn't meaningfully reduce your disadvantage. Conversely, expensive adjustments might be reasonable if they're highly effective and the employer has sufficient resources.
Common Examples of Reasonable Adjustments
Reasonable adjustments take many forms depending on your specific needs and circumstances. Physical modifications might include installing ramps, adjusting workstation heights, or improving lighting. Technology solutions could involve screen-reading software, voice recognition systems, or ergonomic equipment.
Working arrangement changes are increasingly common. This might mean flexible hours, home working, job sharing, or adjusted break patterns. Some people benefit from having certain duties reallocated or modified to accommodate their disability.
Support arrangements can include providing a support worker, allowing time off for medical appointments, or implementing phased returns after absence. Communication adjustments might involve providing information in different formats or allowing extra time for tasks.
Litigated's case analysis shows that tribunals are increasingly willing to find adjustments reasonable, particularly where employers haven't properly explored available options or engaged meaningfully with disabled employees about their needs.
The Role of the Access to Work Scheme
Access to Work scheme provides government funding to help cover the costs of disability-related workplace adjustments. This scheme can pay for equipment, support workers, travel assistance, and other adjustments beyond what employers are legally required to provide.
The scheme's existence doesn't reduce employers' adjustment duties, but it can make more expensive adjustments reasonable by reducing the cost burden. Employers should explore Access to Work funding when considering adjustment requests.
Recent changes to Access to Work have increased funding limits and expanded eligibility, making it easier for employers to implement comprehensive adjustment packages. Working with Access to Work advisors can help identify effective solutions you might not have considered.
Employer Responsibilities and Proactive Inclusivity
Beyond legal compliance, forward-thinking employers are recognising the business benefits of proactive disability inclusion. This approach not only reduces legal risks but also taps into the talents of disabled people and improves workplace culture.
Building an Inclusive Workplace Culture
Inclusive cultures start with leadership commitment and clear policies. Employers should communicate that disability discrimination is unacceptable and that reasonable adjustments are a normal part of good management practice.
Training plays a vital role in changing attitudes and building understanding. Disability awareness training should cover the social model of disability, unconscious bias, and practical skills for managing disabled employees effectively. This training should be ongoing rather than a one-off event.
Creating employee networks or support groups can provide valuable peer support and feedback to management about workplace barriers. These groups often identify practical solutions that might not be obvious to non-disabled managers.
Ensuring Inclusive Recruitment and Retention
Inclusive recruitment goes beyond legal compliance to actively encourage applications from disabled candidates. This might involve partnering with disability employment organisations, using inclusive language in job adverts, and ensuring recruitment processes are genuinely accessible.
Guaranteed interview schemes, where disabled candidates meeting minimum criteria are guaranteed interviews, can help overcome barriers in the initial screening process. However, these schemes must be implemented fairly and transparently.
Retention strategies should include regular discussions about adjustment needs, career development opportunities, and progression routes. Many disabled employees have valuable skills and experience that organisations can't afford to lose through inadequate support.
Addressing Hidden Disabilities and Mental Health
Hidden disabilities, including mental health conditions, present particular challenges for employers. These conditions may not be immediately apparent, making it harder to recognise when adjustments are needed.
Creating psychologically safe environments where people feel comfortable disclosing hidden disabilities is essential. This requires trust, confidentiality, and demonstrated commitment to providing appropriate support.
Mental health adjustments might include flexible working to accommodate therapy appointments, modified workloads during difficult periods, or additional supervision and support. The key is recognising that mental health conditions are as deserving of adjustment as physical conditions.
Litigated's analysis shows increasing numbers of tribunal cases involving mental health conditions, reflecting both greater awareness and higher expectations of employer support. Proactive mental health policies can help prevent these issues from arising.
Monitoring, Review, and Continuous Improvement
Effective disability inclusion requires ongoing monitoring and review. This might involve tracking recruitment and retention rates, gathering feedback from disabled employees, and regularly reviewing policies and procedures.
Pay gap reporting has highlighted disability employment disparities, but addressing these requires more than just measurement. Employers need action plans with specific targets and regular progress reviews.
Working with disability organisations and seeking external advice can provide valuable insights into best practice. Litigated's ongoing analysis of tribunal decisions helps identify emerging trends and areas where employers should focus their efforts.
Navigating Internal Procedures and Seeking Resolution
When disability discrimination occurs, internal procedures often provide the quickest route to resolution. Understanding these processes helps you pursue your rights effectively while maintaining working relationships where possible.
Informal Resolution and Formal Grievances
Many discrimination issues can be resolved through informal discussions with your manager or HR team. This approach works best when the problem stems from misunderstanding or lack of awareness rather than deliberate discrimination.
If informal approaches don't work, formal grievance procedures provide a structured way to raise concerns. Your grievance should:
- Clearly explain what happened
- Specify when the incident occurred
- Explain why you believe it constitutes discrimination
- Include relevant evidence
- Specify what resolution you're seeking
Good grievance procedures should be accessible, fair, and conducted without unreasonable delay. Employers should investigate thoroughly and provide clear decisions with reasons. Litigated's case analysis shows that fair grievance handling can prevent many disputes from reaching the tribunal.
Documentation and Evidence Gathering
It is essential to keep detailed records throughout any discrimination issue. Note dates, times, locations, what was said or done, and who was present. Save emails, letters, and any other relevant documents.
Your records should focus on facts rather than opinions or emotions. Contemporary notes made at the time carry more weight than reconstructed accounts written much later. Photos of workplace barriers or copies of discriminatory policies can provide valuable evidence.
Consider making a subject access request to obtain personal data that your employer holds about you. This might reveal relevant emails, meeting notes, or other documents you weren't previously aware of.
Protection Against Victimisation
The law specifically protects you from victimisation for raising discrimination concerns. If you experience unfavourable treatment because you've complained about discrimination, this constitutes separate unlawful conduct.
This protection applies even if your original complaint was unsuccessful, provided you raised it in good faith. Victimisation claims often succeed where original discrimination claims fail, as they require different evidence and have different legal tests.
Document any changes in treatment following your complaint. Subtle changes like exclusion from meetings or being given less interesting work can constitute victimisation if they're connected to your discrimination complaint.
Employment Tribunal Process and Potential Remedies
When internal procedures fail to resolve discrimination issues, employment tribunals provide a formal route to justice. Understanding this process helps you make informed decisions about pursuing legal action.
Early Conciliation With ACAS
Before starting tribunal proceedings, you must contact ACAS for early conciliation. This mandatory step gives both parties a chance to resolve the dispute without a formal hearing. ACAS conciliators are neutral and can help explore settlement options.
Early conciliation lasts up to six weeks, during which time limits for bringing tribunal claims are paused. Many cases settle during this process, saving both time and money. Even if conciliation doesn't resolve everything, it might narrow the issues for any subsequent tribunal hearing.
ACAS conciliation is free and confidential. Anything discussed during conciliation generally can't be used in later tribunal proceedings, encouraging open discussion about resolution options.
Making a Tribunal Claim and the Burden of Proof
If conciliation fails, you have three months less one day from the discriminatory act to file a tribunal claim. This time limit is strict, with very limited exceptions for continuing acts of discrimination or when it wasn't reasonably practicable to claim earlier.
Your ET1 claim form should clearly set out what happened, why it constitutes discrimination, and what remedy you're seeking. Include relevant dates, names, and supporting evidence. Consider seeking legal advice before submitting your claim.
The burden of proof in discrimination cases is shared. You must establish facts from which a tribunal could conclude that discrimination occurred. If you do this successfully, the burden shifts to your employer to show their actions weren't discriminatory.
Potential Remedies Awarded by Tribunals
Successful tribunal claims can result in various remedies. Financial compensation might include past and future loss of earnings, pension loss, and other financial consequences of the discrimination. There are no caps on compensation for discrimination claims.
Injury to feelings awards compensate for the distress and humiliation caused by discrimination. These awards follow the Vento guidelines, with amounts varying based on the severity and impact of the discrimination. Recent years have seen significant increases in these awards.
Tribunals can also make recommendations for actions the employer should take to reduce the effects of discrimination or prevent future discrimination. While these recommendations aren't directly enforceable, failure to comply can lead to increased compensation.
Legal Representation and Costs
While tribunal claims are free to bring, legal representation can be expensive. Many claimants represent themselves, though the complexity of discrimination law makes professional help valuable.
Trade unions often provide legal support for members, and some organisations offer free or low-cost assistance for discrimination claims. Legal expenses insurance might cover representation costs if you have it.
Each side normally pays their own costs regardless of the outcome, though tribunals can award costs in exceptional circumstances. This "no costs rule" makes tribunals more accessible than other courts.
Litigated's tribunal analysis shows that represented claimants generally achieve better outcomes, though successful self-representation is possible with proper preparation and understanding of the process.
Understanding Discrimination by Association and Perception
Disability discrimination law extends beyond direct treatment of disabled people to cover related forms of unfair treatment. These protections ensure that disability discrimination doesn't affect wider circles of people connected to disabled individuals.
Discrimination by Association
You're protected from discrimination because of your association with disabled people. This commonly affects carers, family members, and friends who face unfavourable treatment due to their connections with disabled individuals.
Workplace examples might include being refused flexible working because you care for a disabled child, or being passed over for promotion due to assumptions about your availability. The discrimination must be because of the association, not merely the inconvenience caused by your caring responsibilities.
This protection is particularly important given the significant number of people with caring responsibilities for disabled family members. Litigated's analysis shows increasing numbers of association discrimination claims, reflecting greater awareness of these rights.
Discrimination by Perception
Discrimination by perception occurs when you're treated unfavourably because others wrongly believe you have a disability. The key is that the discriminator's mistaken belief about your disability status motivates their actions.
Examples might include rejecting a job candidate because you assume their appearance indicates a disability that would affect their work, or treating an employee differently because you wrongly think they have a mental health condition.
The protection applies regardless of whether you actually have a disability. What matters is the discriminator's perception and how it influences their treatment of you.
These protections help prevent discrimination based on stereotypes and assumptions about disability. They recognise that discrimination often stems from prejudice rather than actual knowledge of someone's circumstances.
Specific Disability Employment Challenges and Nuances
Different types of disabilities present unique challenges in the workplace. Understanding these nuances helps both employers and employees navigate complex situations more effectively.
Addressing Visible and Non-Visible Disabilities
Visible disabilities, such as mobility impairments or sensory loss, may prompt immediate recognition of adjustment needs. Physical modifications like ramps or adapted equipment often effectively address these requirements.
Non-visible disabilities, including mental health conditions, learning differences, and chronic illnesses, present different challenges. These conditions may not be immediately apparent, making it harder to recognise when support is needed.
Employers must be equally responsive to both visible and hidden disabilities. This requires creating environments where people feel comfortable disclosing their conditions and requesting appropriate support.
The social model of disability emphasises that barriers, not impairments, create disability. This perspective helps focus on removing workplace barriers rather than viewing disability as a personal problem to be overcome.
Mental Health Conditions and Workplace Stress
Mental health conditions that meet the Act's criteria are increasingly recognised as disabilities. The key is whether the condition substantially affects daily activities on a long-term basis, not the specific diagnosis.
Distinguishing between normal workplace stress and disabling mental health conditions can be complex. The focus should be on the impact on the individual's functioning rather than the cause of their difficulties.
Reasonable adjustments for mental health conditions might include flexible working, modified duties, additional supervision, or time off for treatment. The key is tailoring support to individual needs rather than making assumptions about what might help.
Litigated's case analysis shows that mental health discrimination claims are becoming more common and successful, reflecting changing attitudes and a better understanding of these conditions.
Progressive and Fluctuating Conditions
Progressive conditions like multiple sclerosis or Parkinson's disease may worsen over time, requiring evolving adjustments. The law recognises these conditions as disabilities from diagnosis, even if current effects are minimal.
Fluctuating conditions where symptoms vary significantly over time present particular challenges. Someone might need extensive support during flare-ups but minimal assistance during stable periods.
Adjustment strategies should be flexible enough to accommodate these variations. This might involve standby arrangements that can be activated when needed, or adaptable working arrangements that can be modified as circumstances change.
Regular reviews of adjustment needs help ensure support remains appropriate as conditions change. This requires ongoing dialogue between employees and employers about evolving requirements.
Statistical Context and Ongoing Challenges
Despite legal protections, significant disparities remain in disability employment. The disability employment gap - the difference between disabled and non-disabled employment rates - stands at around 28 percentage points.
Statistic | Value |
---|---|
Disability employment gap | 28 percentage points |
Disabled people in UK | 14.6 million |
Time limit for tribunal claims | 3 months less one day |
Disabled people are more likely to be unemployed, underemployed, or in lower-paid roles. These disparities reflect ongoing barriers, including discrimination, lack of reasonable adjustments, and limited career progression opportunities.
Recent pay gap reporting has highlighted disability pay disparities, with disabled employees earning less on average than non-disabled colleagues. These gaps reflect both direct discrimination and systemic barriers to career advancement.
Litigated's analysis of tribunal trends shows that while discrimination claims are increasing, they represent only a small fraction of likely discrimination incidents. Many people don't pursue legal action due to time, cost, or fear of victimisation.
External Resources, Advice, and Support
Various organisations provide support and advice on disability employment rights. Understanding these resources helps you access appropriate assistance when needed.
Free and Impartial Advice Services
- Citizens Advice - Free, confidential employment rights advice
- Equality and Human Rights Commission - Guidance on disability rights
- ACAS - Free workplace issues advice
- Trade unions - Legal support for members
- Employment law solicitors - Specialist discrimination advice
Citizens Advice offers free, confidential advice on employment rights, including disability discrimination. Their advisors can help you understand your rights and options for addressing workplace problems.
The Equality and Human Rights Commission provides guidance on disability rights and can assist with discrimination cases. Their website includes detailed information about the Equality Act and practical guidance for employees and employers.
ACAS offers free advice on workplace issues and employment law. Their helpline provides confidential guidance on discrimination concerns and can help you understand your options before taking formal action.
Specialist Legal Advice and Representation
Employment law solicitors specialise in discrimination cases and can provide expert advice on complex situations. Many offer initial consultations to assess your case's strength and advise on the best approach.
Trade unions provide legal support for members facing discrimination. This might include advice, representation at grievance hearings, and assistance with tribunal claims.
Some organisations offer free or low-cost legal assistance for discrimination cases. The Equality and Human Rights Commission may provide legal support in cases with wider public interest implications.
Government Resources and Guidance
The government provides comprehensive guidance on disability employment rights through GOV.UK. This includes information about the Equality Act, definitions of disability, and guidance on reasonable adjustments.
The Access to Work scheme helps fund workplace adjustments and support. Their advisors can assess your needs and recommend appropriate support packages.
Litigated provides expert analysis of employment tribunal decisions, helping you understand how disability discrimination law applies in practice. Their case summaries and legal updates keep you informed about developing trends and important precedents.
Conclusion
Disability Employment Rights under the Equality Act 2010 provide comprehensive protection against discrimination while requiring employers to take positive steps to support disabled employees. Understanding these rights helps you recognise discrimination when it occurs and take appropriate action to address it.
The law's broad definition of disability ensures protection for diverse conditions, while the reasonable adjustments duty requires employers to level the playing field rather than simply treating everyone the same. Different types of discrimination require different approaches, but all are unlawful and can be challenged through internal procedures or employment tribunals.
While legal protections exist, ongoing disparities in disability employment highlight the need for continued vigilance and proactive measures. Employers who embrace disability inclusion don't just comply with the law - they access the talents of disabled people and create better workplaces for everyone.
How can you help drive positive change in your workplace?
By understanding your rights, supporting colleagues facing discrimination, and working towards genuinely inclusive environments, you contribute to a society where everyone can participate fully in working life. Litigated's ongoing analysis of legal developments helps keep you informed about emerging trends and practical implications of disability employment law.
FAQs
What is the Equality Act 2010, and how does it relate to disability employment rights?
The Equality Act 2010 is the main law protecting you from discrimination in employment based on protected characteristics, including disability. It defines what constitutes discrimination, sets out employer duties like making reasonable adjustments, and establishes your rights to fair treatment throughout your employment. The Act applies to all aspects of work from recruitment through to dismissal and beyond.
How is disability defined under the Equality Act 2010?
You have a disability under the 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. "Substantial" means more than minor or trivial, while "long-term" typically means lasting or likely to last at least 12 months. The definition includes both visible and hidden disabilities, progressive conditions, and past disabilities.
What are 'reasonable adjustments' and when must an employer make them?
Reasonable adjustments are changes employers must make to remove disadvantages you face because of your disability. This duty applies when employers know or should know about your disability and the resulting barriers. Adjustments might include modified equipment, flexible working, or changes to duties. What's reasonable depends on factors like effectiveness, cost, and the employer's resources.
What is the difference between direct and indirect disability discrimination?
Direct discrimination occurs when you're treated less favourably specifically because of your disability - for example, being refused a job solely due to your condition. Indirect discrimination happens when a seemingly neutral policy puts disabled people at a disadvantage without justification, such as mandatory overtime that disadvantages people with certain health conditions.
Can an employer be held responsible for discrimination by a colleague or customer?
Yes, employers are liable for discrimination by their employees during work activities. They also have duties to protect you from harassment by third parties like customers or clients. Employers must take reasonable steps to prevent such discrimination and address it promptly when it occurs. This includes having clear policies and taking appropriate action when problems arise.