Have You Been Treated Unfairly Because of Your Disability?

If your employer has treated you less favourably because of a disability, failed to make reasonable adjustments, or dismissed you unfairly, you may have a strong legal claim. At KLG Law, our specialist employment solicitors fight for the rights of disabled employees across the UK, from London to Berkshire and beyond.

We offer a free initial consultation and work on a no win no fee basis, so there is no financial risk to you in seeking advice.

What Is Disability Discrimination?

Disability discrimination occurs when an employer or prospective employer treats you unfavourably because of a disability you have, have had in the past, or are perceived to have. It is unlawful under the Equality Act 2010, which provides robust protections for employees and job applicants across the United Kingdom.

A disability under the Equality Act is defined as a physical or mental impairment that has a substantial and long-term adverse effect on your ability to carry out normal day-to-day activities. “Long-term” generally means the condition has lasted, or is expected to last, at least 12 months.

Common conditions that qualify include, but are not limited to:

• Cancer, HIV, and multiple sclerosis (automatically covered from diagnosis)
• Depression, anxiety, and other mental health conditions
• Dyslexia and other learning disabilities
• Mobility impairments and musculoskeletal conditions
• Chronic pain conditions such as fibromyalgia
• Diabetes and heart conditions
• Autism spectrum conditions

If you are unsure whether your condition qualifies, our solicitors can advise you confidentially and without obligation.

Types of Disability Discrimination

The Equality Act 2010 recognises several distinct forms of disability discrimination. Understanding which type applies to your situation is key to building a strong claim.

Direct Discrimination

Direct discrimination occurs when you are treated worse than a colleague without a disability in the same or similar circumstances, solely because of your disability. For example, if you are passed over for promotion because your employer assumes your condition will affect your performance, despite no evidence of this, that may constitute direct discrimination.

Indirect Discrimination

Indirect discrimination arises when your employer applies a policy, practice, or rule that appears neutral on its face but puts disabled employees at a particular disadvantage compared to non-disabled colleagues. For instance, requiring all staff to work shifts on a rotating basis may disproportionately disadvantage employees with certain medical conditions, unless the employer can objectively justify the requirement.

Failure to Make Reasonable Adjustments

This is one of the most common forms of disability discrimination in the workplace. Employers have a positive legal duty under the Equality Act to make reasonable adjustments to remove or reduce disadvantages faced by disabled employees. Failure to do so is unlawful.

Examples of reasonable adjustments include:

• Modifying your working hours or allowing flexible working
• Providing specialist equipment such as ergonomic chairs or screen readers
• Reassigning certain duties that are incompatible with your condition
• Allowing you to work from home on a part-time or full-time basis
• Providing additional breaks or rest periods
• Moving your workstation to a more accessible location
• Offering a phased return to work following illness

What counts as “reasonable” depends on factors such as the size of the employer, the cost of the adjustment, and how effective it would be. Employers cannot refuse adjustments simply because they are inconvenient.

Discrimination Arising from Disability

This type of discrimination occurs when your employer treats you badly because of something connected to your disability, even if they do not treat you badly because of the disability itself. For example, if you are dismissed because you have had a high level of disability-related absence, that could be discrimination arising from disability, even if your employer does not directly discriminate against disabled people in general.

Employers can only justify this treatment if they can show it is a proportionate means of achieving a legitimate aim, which is a high legal bar to clear.

Harassment

Harassment related to disability involves unwanted conduct that has the purpose or effect of violating your dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment. This can include offensive jokes or comments about your condition, deliberate exclusion from team activities, or persistent pressure to perform tasks you have been medically advised to avoid.

Victimisation

Victimisation occurs when your employer treats you badly because you have made or supported a disability discrimination complaint, or because they believe you intend to do so. You are protected regardless of whether the original complaint was ultimately successful.

Your Rights Under the Equality Act 2010

The Equality Act 2010 consolidates and strengthens protections for disabled workers across the United Kingdom. Key protections include:

• The right not to be discriminated against in recruitment, promotion, pay, training, or dismissal
• The right to reasonable adjustments to remove barriers in the workplace
• Protection from harassment and victimisation related to disability
• The right to request flexible working arrangements
• Protection during a redundancy process, where disability must not be a factor in selection

These rights apply from your first day of employment, and in many cases even before you start, covering the recruitment process itself. There is no minimum length of service required to bring a disability discrimination claim, unlike some other employment claims such as unfair dismissal.

Making a Disability Discrimination Claim: Step by Step

Step 1: Seek Legal Advice

Contact KLG Law as soon as possible. Our solicitors will assess your situation, advise on the strength of your claim, and explain your options, all on a no win no fee basis.

Step 2: ACAS Early Conciliation

Before you can submit a claim to the Employment Tribunal, you must first contact ACAS to start the early conciliation process. This is a mandatory step and also pauses the three-month limitation period while conciliation takes place. ACAS will attempt to broker a resolution between you and your employer without the need for a Tribunal hearing.

Step 3: Submitting Your Claim

If conciliation does not resolve the matter, KLG Law will help you prepare and submit your ET1 claim form to the Employment Tribunal. We will ensure your claim is properly pleaded and supported by the relevant evidence.

Step 4: Evidence Gathering and Disclosure

Both parties will be required to disclose relevant documents, including emails, HR records, occupational health reports, and medical evidence. Our team will help you compile and present the strongest possible case.

Step 5: The Hearing

Many disability discrimination cases settle before reaching a final hearing. If your case does proceed to a Tribunal, our experienced solicitors will represent you throughout the process, presenting your evidence and making legal arguments on your behalf.

Can I Be Dismissed Due to My Disability?

Dismissal on grounds of disability, or for a reason connected to your disability, is unlawful unless your employer can demonstrate a very strong objective justification. In practice, this is extremely difficult to prove, and many dismissals that employers label as being for “capability” or “conduct” are in fact disability discrimination in disguise.

If you have been dismissed and believe your disability played a role, even a partial one, you should seek legal advice immediately. Time limits apply: you must ordinarily submit a claim to the Employment Tribunal within three months minus one day of the act of discrimination.

What Compensation Can You Expect?

There is no cap on compensation in disability discrimination claims, unlike some other employment claims. Compensation can include:

Injury to Feelings: Awards are made under what are known as the Vento bands. As of the most recent uplifts, these range from awards for less serious cases to significant sums for the most severe and prolonged discrimination. Awards in the top band are typically reserved for the most egregious cases.

Loss of Earnings: You may be entitled to compensation for loss of past and future earnings if discrimination caused you to lose your job or suffer a reduction in income.

Personal Injury: In cases where discrimination has caused or exacerbated a recognised psychiatric illness, you may also be entitled to a personal injury element within your claim.

Aggravated Damages: Where your employer has acted in a particularly high-handed or malicious way, the Tribunal may award additional compensation.

Our solicitors will provide a realistic assessment of what your claim may be worth at the outset, so you have clear expectations throughout the process.

Disability Discrimination in London and Berkshire

KLG Law has offices in London and Maidenhead, Berkshire, and we advise clients across the UK. Whether you work in the City, in a regional office, or remotely, our specialist employment team is here to help. We regularly advise clients on disability discrimination claims in London, Reading, Windsor, Slough, and the wider South East.

We understand that raising a discrimination complaint against your employer can feel daunting, particularly if you are still employed and fear the consequences. Our team will advise you on how to protect your position while pursuing your rights.

Why choose KLG

For trusted and accredited advice from employment law specialists, reach out to KLG Law today. Our dedicated team will work with you closely to ensure the best possible outcome regarding your case.

Our team of experienced disability discrimination solicitors provide personal support throughout your case. What’s more, we offer a no win, no fee arrangement for eligible cases, so you do not lose out.

Call KLG Law today on 0330 221 0684 or contact us.