If you meet the definition of a disabled person under the Equality Act 2010, your employer has specific legal duties towards you. These duties protect you from unfair treatment and ensure you have equal access to work.

​

1. Protection from direct discrimination

​

Your employer must not treat you worse because you are disabled.

​

This includes:

​

• refusing employment,

• overlooking you for promotion,

• unfair changes to duties or shifts,

• day‑to‑day negative treatment.

 

2. Protection from discrimination arising from disability

​

Your employer must not treat you unfavourably because of something connected to your disability, such as:

​

• disability‑related absences,

• slower working pace,

• the need for extra breaks,

• difficulty performing certain tasks.

 

These are only examples — each case must be assessed in context.

​

An employer can defend their actions only if they prove the treatment was a “proportionate means of achieving a legitimate aim” — a high threshold, especially if reasonable adjustments were not considered first.

​

3. Duty to make reasonable adjustments

​

Your employer must take positive steps to remove barriers caused by your disability.

​

Reasonable adjustments may include:

​

• changing duties,

• flexible or adjusted working hours,

• remote or hybrid working,

• changing your workstation or location,

• adjusting disciplinary or attendance procedures,

• providing extra time for tasks,

• specialist equipment (e.g., ergonomic chair),

• clearer instructions or organisational support.

 

Since 2025, EHRC guidance emphasises that flexible working can be a reasonable adjustment, and employers must consider it seriously.

​

If these duties are breached

​

If your employer:

​

• fails to make reasonable adjustments,

• treats you worse because of your disability,

• or treats you worse because of something arising from your disability,

 

you may be able to bring a disability discrimination claim in the Employment Tribunal.

​

If you’re unsure whether your condition qualifies as a disability or whether your employer is meeting their obligations, I can review your situation and explain your rights.