Understanding Disability Discrimination in the Workplace

Quick Links

• What is Disability Discrimination? 
• Business Effects of Disability Discrimination 
• Employer Responsibilities 
• Creating an Inclusive Environment 
• Frequently Asked Questions

At Park City, we help our clients navigate the complexities of employment law, including the tricky cases that arise from disability discrimination. In this blog, we want to share some top tips to help you not only comply with the law but also create an inclusive and supportive workplace for all your employees.

As a business owner or manager, your responsibility goes beyond just following the rules in the Equality Act 2010. Disability discrimination is a key part of this legislation which protects employees, job applicants and others in the workplace from unfair treatment because of their physical or mental health conditions. Remember discrimination can take many forms whether it’s direct discrimination against someone with a particular disability, indirect discrimination through workplace policies or failure to make reasonable adjustments for disabled employees.

If you don’t meet these responsibilities, you could face serious consequences including discrimination claims and damage to your business reputation. But most importantly creating an inclusive environment can boost your workplace culture and a more motivated, engaged and productive workforce.

What is Disability Discrimination?

Disability discrimination occurs when someone is treated unfairly or less favorably because of their disability. Under the Equality Act 2010, disability is one of the nine ‘protected characteristics,’ meaning it’s illegal to discriminate against someone based on their disability in any part of work. This includes individuals with a physical impairment, a mental health condition, or a learning disability. Understanding the different types of disability discrimination is crucial for employers to avoid potential discrimination claims and ensure a fair and inclusive workplace.

Different Types of Discrimination

Direct Discrimination: This happens when someone is treated less favorably because of their disability. For instance, refusing to hire a qualified candidate simply because they use a wheelchair is a clear example of direct disability discrimination.

Indirect Discrimination: This occurs when a policy or practice applies to everyone but disadvantages those with a disability. For example, if a company requires all employees to work in an environment that is inaccessible to those with mobility issues, it may be indirectly discriminating against individuals with such disabilities.

Discrimination Arising from Disability: This type of discrimination happens when someone is treated badly due to something connected to their disability. An example could be dismissing an employee for taking extended sick leave related to their disability. Although the leave might be necessary due to their condition, penalising the employee for it would be considered discrimination arising from disability.

Failure to Make Reasonable Adjustments: Employers have a legal duty to make reasonable adjustments to their policies, practices, or physical workspace to accommodate disabled employees. If an employer fails to implement these necessary changes, they are engaging in disability discrimination. For example, not providing accessible entryways for employees with mobility issues or not offering alternative formats for training materials for someone with a learning disability would be considered failures in making reasonable adjustments.

Harassment and Victimisation: Unlawful discrimination also includes harassment related to disability and victimising those who have made or supported a complaint under the Equality Act. This could involve bullying, unwanted comments, or any behaviour that creates a hostile environment for someone because of their disability or because they have pursued a discrimination claim.

Understanding these types of disability discrimination and ensuring your business complies with the Equality Act 2010 is not just about avoiding legal consequences—it’s about fostering a workplace where all employees feel valued, respected, and supported

The Business Effects of Disability Discrimination

Disability discrimination can happen at any stage of the workplace, from recruitment and daily interactions to remote working and social events. Under the Equality Act 2010 businesses must protect people with physical and mental impairments from unfair treatment. Noncompliance can lead to serious legal consequences including claims and fines. And a business that doesn’t address these issues can suffer reputational damage which can lose customer and potential employee trust.

The impact of disability discrimination goes to employee morale and engagement. When employees feel unsupported or undervalued because of discrimination it can lead to lower productivity and a negative work environment. An inclusive workplace where reasonable adjustments are made, and discrimination is tackled helps keep morale high and creates a more positive and productive place to work.

And not creating an inclusive environment can stop you from attracting and retaining the best talent. Skilled people may not apply if they think your workplace is discriminatory and existing employees may leave to find more supportive environments. Tackling disability discrimination not only means compliance with the Equality Act 2010 but a healthy, engaged and loyal workforce.

Employer Responsibilities

Under the Equality Act 2010 as an employer, you have specific legal obligations to prevent disability discrimination. These include:

Knowing What Counts as a Disability: The law defines a disability as a physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to do normal daily activities. This can include visible disabilities like mobility impairments and invisible ones like mental health conditions.

Making Reasonable Adjustments: You must remove barriers that disabled employees face in the workplace. This could mean adjusting working hours, providing specialist equipment or modifying the physical workspace. Many reasonable adjustments cost little or nothing but can make a big difference.

Being Proactive: Even if an employee doesn’t disclose their disability if it’s something you could reasonably be expected to know you are still responsible for making reasonable adjustments. It’s important to create a work culture where employees feel comfortable discussing their needs without fear of negative consequences.

Creating an Inclusive Environment

Disability discrimination goes beyond just being compliant – it’s about valuing diversity and making sure all employees can flourish. At Park City we encourage our clients to use the social model of disability which is about removing societal barriers not individual impairments. This is key to creating an inclusive workplace where every employee feels valued and supported.

As business leaders we need to prioritise open communication, clear roles and robust support systems. Training on disability awareness and inclusion helps prevent discrimination and builds a positive work culture. This is not just about compliance but also about employee satisfaction and engagement.

Get in touch to talk to one of our employment law experts about our HR Services and disability discrimination and inclusion.

Frequently Asked Questions