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

​

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

​

1. No direct discrimination

​

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

​

Examples:

​

• refusing promotion due to a chronic condition

• excluding them from training

• making negative comments about their health

​

Direct disability discrimination is always unlawful.

​

2. No discrimination arising from disability

​

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

​

• inability to perform all duties

• long‑term or frequent absence

• reduced performance

• need for additional breaks

• reduced working hours

​

Each case must be assessed individually.

​

Exception: legitimate aim

​

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

​

• a proportionate means

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

​

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

​

3. Duty to make reasonable adjustments

​

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

​

Examples include:

​

• adjusting duties

• changing working hours

• allowing homeworking

• relocating the workstation

• modifying absence or disciplinary procedures

• providing specialist equipment

• phased return to work

​

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

​

4. Consequences of failing to comply

​

Even unintentional breaches can lead to:

​

• uncapped compensation

• discrimination claims

• unfair dismissal claims

• reputational damage

• mandatory organisational changes

​

Tribunals take disability‑related cases very seriously.

​

5. How I help employers

​

• 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