The legal rules relating to disability discrimination in employment are set out in the Equality Act 2010. 

There are six different types of disability discrimination covered by the Equality Act 2010:

  1. Direct Discrimination: This happens when an employer treats someone less favourably just because they have a disability. This kind of discrimination can’t be justified or excused.
  2. Indirect Discrimination: This is when a rule or policy (called a provision, criterion or practice, or PCP) applies to everyone but puts people with a certain disability at a disadvantage. If an employer can show a good, necessary and proportionate reason for the rule, it can be justified.
  3. Discrimination Arising from Disability: This occurs when an employer treats a disabled employee unfairly because of something connected to their disability, and the employer can’t show that this treatment was justified. The employer must know, or should know, that the employee has a disability.
  4. Duty to Make Reasonable Adjustments: If a rule (PCP) or a physical feature of the workplace puts a disabled employee at a significant disadvantage compared to non-disabled people, the employer must take reasonable steps to remove that disadvantage. This duty comes into play if the employer knows, or should know, about the employee’s disability.
  5. Harassment on grounds of disability: This occurs where the employer engages in unwanted conduct related to disability. The conduct has the purpose or effect of violating the disabled employee’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for the employee.
  6. Victimisation: This happens when an employer treats an employee badly because they’ve made a complaint about disability discrimination, or have helped someone else make a complaint.

An awareness of each of these different forms of discrimination is crucial for employers to make sure they understand the scope of protection afforded to disabled employees. 

Speak to Jon Dunkley

Jon is a Partner at Wollens and can advise you. Contact Jon via email jon.dunkley@wollens.co.uk or call 01271 341021.

Jon Dunkley - Wollens Solicitors Devon

You can also complete an online enquiry form. One of the Wollens team will contact you as soon as they are available.

Related News & Insights

4 minute read
Wollens Welcomes Five New Trainee Solicitors - Wollens Solicitors Devon

Wollens Welcomes Five New Trainee Solicitors

Read Article
4 minute read
No Right of Way? Five Solutions When a Property Has No Recorded Access Rights - Wollens Solicitors Devon

No Right of Way? Five Solutions When a Property Has No Recorded Access Rights

Read Article
7 minute read
From draft to detail: understanding the key terms in your share purchase agreement - Wollens Solicitors Devon

From draft to detail: understanding the key terms in your share purchase agreement

Read Article
8 minute read
Can my solicitor help me stay in my own home? - Wollens Solicitors Devon

Can my solicitor help me stay in my own home?

Read Article
9 minute read
Buying neighbouring land - Wollens Solicitors Devon

Buying neighbouring land

Read Article
3 minute read
When A&E Gets It Wrong: The Rise in Emergency Department Claims - Wollens Solicitors Devon

When A&E Gets It Wrong: The Rise in Emergency Department Claims

Read Article
6 minute read
Corporate Restructuring: A Foundation to Success - Wollens Solicitors Devon

Corporate Restructuring: A Foundation to Success

Read Article
4 minute read
Understanding Erb’s Palsy - Wollens Solicitors Devon

Understanding Erb’s Palsy

Read Article