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EMPLOYER INFORMATION

YOUR DUTIES & RESPONSIBILITIES (TOWARDS DISABLED EMPLOYEES)

If your employee is disabled under the Equality Act 2010, you have specific legal duties.

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Failing to meet them — even unintentionally — can result in significant compensation.

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1. No direct discrimination

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You must not treat an employee less favourably because of their disability.

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Examples:

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• refusing promotion due to a chronic condition

• excluding them from training

• making negative comments about their health

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Direct disability discrimination is always unlawful.

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2. No discrimination arising from disability

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You must not treat an employee unfavourably because of something arising from their disability, such as:

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• inability to perform all duties

• long‑term or frequent absence

• reduced performance

• need for additional breaks

• reduced working hours

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Each case must be assessed individually.

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Exception: legitimate aim

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The treatment will not be discriminatory if you can show it was:

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• a proportionate means

• of achieving a legitimate aim (e.g., safety, operational needs).

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This is a high threshold — employers must show no less intrusive alternative existed.

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3. Duty to make reasonable adjustments

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Employers must take positive steps to remove barriers that disadvantage disabled employees.

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Examples include:

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• adjusting duties

• changing working hours

• allowing homeworking

• relocating the workstation

• modifying absence or disciplinary procedures

• providing specialist equipment

• phased return to work

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If an adjustment is reasonable, the employer must implement it.

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4. Consequences of failing to comply

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Even unintentional breaches can lead to:

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• uncapped compensation

• discrimination claims

• unfair dismissal claims

• reputational damage

• mandatory organisational changes

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Tribunals take disability‑related cases very seriously.

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5. How I help employers

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• assessing whether an employee meets the disability definition

• advising on reasonable adjustments

• drafting compliant policies and procedures

• supporting return‑to‑work processes

• representing employers in ACAS and Tribunal proceedings

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Marta Inkin (MCILEX)
UK Employment Law Consultant
Solidum Solicitors,
316 Northolt Rd,
South Harrow,
Harrow HA2 8EE
Website: martainkin.co.uk
Telephone: 0207 036 1900

Solicitors Regulation Authority. SRA number: 634883

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