UK Disability Rights · 2026
Should I disclose my disability at work in the UK?
Legal basis
Equality Act 2010 — section on legislation.gov.uk">Equality Act 2010 s.6 (disability definition), s.20 (reasonable adjustments — duty arises when employer knows or could reasonably be expected to know); s.39 (employment); UK GDPR (special category health data); Health & Safety at Work Act 1974 (employer duty of care).
Your rights
No legal obligation to disclose unless: (a) condition affects your ability to do the job safely (e.g., epilepsy and driving role); (b) the employer asks lawful health questions post-offer (must be specific and necessary). Pre-offer health questions are restricted (EqA s.60) — most cannot be asked, with limited exceptions (Disability Confident enquiry, statutory monitoring, intrinsic role functions, occupational requirement).
Employer obligations
Treat disclosure confidentially (UK GDPR special category data — needs explicit consent or other Article 9 lawful basis); not pass beyond need-to-know; not victimise for disclosure; consider reasonable adjustments; not withdraw offers after disclosure unless objectively justified; not ask intrusive questions beyond what's necessary.
Practical actions
1) Decide WHO to disclose to first — HR/Occupational Health usually safer than line manager initially. 2) Disclose in writing — gives clear record. 3) Frame disclosure around what adjustments you need, not just the diagnosis. 4) Provide medical evidence if asked (you can require employer to use Occupational Health, not GP letter, to manage your records). 5) Confirm in writing what's been disclosed and to whom. 6) Request confidentiality and that information is shared only with those who need to know. 7) Keep your own records of the disclosure and any subsequent communications.
If your employer refuses
If employer refuses to make adjustments after disclosure or treats you unfavourably: claim under s.20 (failure to adjust) and s.15 (discrimination arising from disability). If employer breaches confidentiality: claim under UK GDPR + EqA. If employer terminates after disclosure: claim direct discrimination (s.13) + automatic unfair dismissal if related to disability.
Worked example
Sophie has bipolar disorder. She didn't disclose at recruitment (no obligation to do so), nor during pre-employment health questions (only intrinsic role functions could be asked about). After 6 months in the role she experienced a depressive episode and disclosed to HR in writing, requesting flexible working during difficult periods, regular check-ins, and access to the EAP. HR confirmed adjustments and shared information only with line manager (consented). 12 months later, when her manager mentioned her 'mood' in a performance review, she raised it as victimisation (s.27). The reference was removed; she received a written apology.
Recruiter pro tip
When disclosing, lead with what you need (adjustments) and provide diagnosis only if relevant. 'I have a long-term health condition that affects [specific impact]; I'd like to discuss adjustments including [list]' is more powerful than 'I have [diagnosis name]'. The Equality Act protects you regardless of which approach you take, but framing around adjustments keeps the conversation forward-looking and prevents diagnosis becoming a label that follows you. Also: written disclosure to HR is safer than verbal to line manager — creates a paper trail and ensures information is treated as confidential health data under UK GDPR.
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