Disability discrimination: UK employment law

Essential points

• It is unlawful to discriminate against someone because they possess one of the ‘protected characteristics’ named in the Equality Act 2010. This includes disability. 
• Disability discrimination protection under the Equality Act is more extensive than most other areas of discrimination protection as it includes the positive duty to make reasonable adjustments. 
• Reasonable adjustments apply in situations where a person with a disability is placed at a substantial disadvantage compared to a person without a disability. A substantial disadvantage is more than a minor or trivial disadvantage.  
• Under the Equality Act 2010, disability is defined as a physical or mental impairment that has a substantial long-term, adverse effect on the ability to carry out normal day-to-day activities. In 2023, an additional clause was added to the definition to include ‘normal’ day-to-day work activities. 
• Information on disability discrimination in Northern Ireland is available on the Equality Commission for Northern Ireland website.