UK Disability Rights · 2026
How do I challenge UK disability discrimination at work?
Legal basis
Equality Act 2010 — section on legislation.gov.uk">Equality Act 2010 s.6 (definition of disability); s.13 (direct); s.15 (discrimination arising from disability — UNIQUE to disability); s.19 (indirect); s.20 (reasonable adjustments duty); s.26 (harassment); s.27 (victimisation); s.39 (employment context).
Your rights
Protection from day 1 of employment (no service minimum). Compensation uncapped. Can include: financial loss, injury to feelings (Vento bands £1,200-£58,700+), aggravated/exemplary damages where appropriate, and sometimes reinstatement. Section 15 (discrimination arising from disability) is uniquely powerful — protects you from being treated unfavourably for ANYTHING that arises from your disability (e.g., absence, performance, side-effects of medication) unless employer can show 'objective justification'.
Employer obligations
1) Not directly discriminate (treat you worse because of disability). 2) Not indirectly discriminate (apply policies that disadvantage disabled people without justification). 3) Not subject to harassment related to disability. 4) Make REASONABLE ADJUSTMENTS (s.20 duty) — proactive duty to remove disadvantage. 5) Not treat unfavourably for things arising from disability (s.15) unless objectively justified. 6) Not victimise (treat worse for raising discrimination concerns).
Practical actions
1) Document specific incidents with dates, witnesses, evidence. 2) Identify which type of discrimination applies and which Equality Act section (s.13/s.15/s.19/s.20/s.26). 3) Check if you've made the employer aware of the disability — required for some claims (s.15, s.20) but NOT for direct discrimination (s.13) which can be 'because of perceived disability'. 4) Raise formal grievance citing specific EqA sections. 5) Engage with employer investigation. 6) ACAS Early Conciliation within 3 months less 1 day of the act of discrimination. 7) Tribunal claim follows ACAS. 8) Consider specialist disability discrimination solicitor — these claims often have high awards (£25k-£100k+).
If your employer refuses
Tribunal claim under EqA 2010. Awards uncapped — financial loss + injury to feelings (Vento bands) + sometimes aggravated damages. Many claims settle at ACAS stage; specialist legal advice strongly recommended. Time limit 3 months less 1 day strictly enforced.
Worked example
Hannah has Crohn's disease (a disability under EqA s.6). After repeated unauthorised absences for medical appointments and flare-ups, her employer disciplined her for poor attendance without considering her disability. Hannah raised a grievance citing s.15 (discrimination arising from disability — the absences arose from her disability), s.20 (failure to make reasonable adjustments — flexible working hours, work from home during flares), and s.13 (direct discrimination — comparing her treatment to a non-disabled colleague with similar absence). Investigation upheld; disciplinary withdrawn; flexible working arrangement agreed; £15,000 settlement for injury to feelings.
Recruiter pro tip
Section 15 (discrimination arising from disability) is the most powerful UK disability discrimination provision and the most underused. Unlike s.13 (direct), s.15 doesn't need a comparator — you just need to show: (1) you have a disability; (2) you were treated unfavourably; (3) the unfavourable treatment was because of something arising from your disability (e.g., absence, medication side effects, slower pace, fatigue). Employer's only defence is 'objective justification'. Most employer attempts to discipline for disability-related absences fail this test.
Related disability rights
What reasonable adjustments must my UK employer make?
Under Equality Act 2010 s.20, UK employers have a PROACTIVE duty to make reasonable adjustments to remove subs…
Should I disclose my disability at work in the UK?
Disclosing a disability triggers Equality Act protections including the right to reasonable adjustments. You d…
What counts as a disability under the UK Equality Act 2010?
Under Equality Act 2010 s.6, you have a disability if you have a 'physical or mental impairment' that has a 's…
Related across UK Rights & Guides