UK Disability Rights · 2026
What are my rights if dismissed for a disability-related reason?
Legal basis
Equality Act 2010 ss.13, 15, 20-21, 26-27, 39; Employment Rights Act 1996 — section on legislation.gov.uk">Employment Rights Act 1996 s.94-98 (unfair dismissal — supplementary to EqA); ACAS Code of Practice; case law including Allonby v Accrington & Rossendale, Dunn v Secretary of State for Justice, Williams v Swansea University.
Your rights
Day 1 protection from disability discrimination dismissal (no service requirement). Right to fair procedure even if employer claims capability/conduct (must consider whether issues arise from disability and whether reasonable adjustments would address). Right to specific challenges: (a) disability not properly considered (s.15 + s.20); (b) procedural unfairness (capability/conduct procedure didn't account for disability); (c) failure to consult OH; (d) failure to attempt reasonable adjustments before dismissal; (e) discriminatory comparison with non-disabled colleagues.
Employer obligations
Before dismissal for disability-related reasons: consult Occupational Health; explore reasonable adjustments; consider redeployment; follow ACAS Code; provide written reasons; offer right to appeal. Burden on employer to show dismissal was 'proportionate means of achieving legitimate aim' if claim is s.15. For s.20: must demonstrate they considered all reasonable adjustments before dismissing.
Practical actions
1) Get the dismissal in writing with reasons. 2) Use internal appeal — failure to appeal can reduce tribunal award by 25%. 3) During appeal, raise: (a) employer didn't consider disability/adjustments; (b) procedural failures; (c) comparator evidence; (d) OH should have been consulted. 4) ACAS Early Conciliation within 3 months less 1 day of dismissal date. 5) Calculate financial loss: notice pay, salary during job search (12-24 months for senior roles), pension, benefits, plus injury to feelings. 6) Specialist disability discrimination solicitor strongly advised — these are valuable, complex claims. 7) Tribunal claim if no settlement.
If your employer refuses
Tribunal claim under Equality Act + (if 2+ years' service) unfair dismissal under ERA 1996. Awards uncapped — disability dismissal cases often £30,000-£100,000+ depending on length of service, financial loss, and injury to feelings. Strong likelihood of settlement at ACAS stage given the strong legal framework.
Worked example
Hannah (3 years' service, multiple sclerosis as disability) had reduced her hours due to fatigue. After 8 months on reduced hours, she was dismissed for 'capability' citing low output. She raised: (a) her output was lower because of her disability — s.15 unfavourable treatment for something arising from disability; (b) employer hadn't considered further reasonable adjustments (work from home, restructured tasks, technology); (c) employer hadn't consulted OH before dismissal; (d) other non-disabled colleagues had similar output without consequence. ACAS settled at £45,000 plus agreed positive reference within 3 months — strong combined claim under EqA + unfair dismissal.
Recruiter pro tip
Disability dismissal cases are some of the strongest UK employment claims because of the multiple legal angles: s.15 (very employee-friendly — no comparator needed, just causation between disability and unfavourable treatment), s.20 (strict liability — failure to adjust IS discrimination), and unfair dismissal procedure (employer had to follow fair process). Most employers settle quickly when faced with this combination. Always frame dismissal challenges around BOTH s.15 and s.20 — they're cumulative, not alternative.
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