If you have been treated badly at work for a reason connected to your health or a long-term condition, you may be experiencing what is often described as ‘discrimination arising from disability’. This is a particular kind of disability discrimination, which looks not at your condition itself but at the things that happen because of it, such as a period of sickness absence, a need for regular breaks, or a change in how you carry out certain tasks. Where an employer penalises you for one of those consequences, that treatment may be unfair and unlawful.
At Paul Doran Law, we specialise in employment law, and we only act for employees. Our team has more than 30 years of combined experience helping people across the United Kingdom challenge unfair treatment at work, and we have recovered substantial compensation for clients against employers of every size.
What is discrimination arising from disability?
This kind of discrimination is concerned with the consequences of your disability rather than the disability itself. It happens when an employer treats you unfavourably because of something that flows from your condition, and the employer has no proper justification for doing so.
Common examples include being dismissed because of disability-related sickness absence, being disciplined for lower productivity that is caused by your condition, being marked down in a performance review for the effects of your medication, or being refused a promotion because you needed time off for treatment. In each case, the unfavourable treatment is linked to something that arises from the disability rather than the disability itself.
How is it different from other disability discrimination?
Some disability discrimination happens because of the disability itself, for example, where an employer treats you worse simply because of a diagnosis. Discrimination arising from disability is wider. The focus is on whether you were treated unfavourably for a reason connected to your condition, such as absence or a need for adjustments.
One feature makes this route especially useful. Unlike direct discrimination, you do not need to point to a comparator, meaning someone in similar circumstances who was treated more favourably. You only need to show that you were treated unfavourably because of something connected to your disability. That often makes it more straightforward to establish, which is why it is a valuable route for many employees who have been treated unfairly.
Does this protection apply across the UK?
This is one area where it matters to get advice tailored to where you work. ‘Discrimination arising from disability’ is a specific claim under the Equality Act 2010, which applies in England, Scotland, and Wales. Northern Ireland is not covered by the Equality Act 2010; its disability discrimination laws are still governed by the Disability Discrimination Act 1995, which does not contain this particular provision.
If you work in Northern Ireland, similar unfair treatment usually has to be approached in a different way, most often as a failure to make reasonable adjustments, or as direct discrimination or harassment. The outcome you are looking for may well still be achievable; the legal route is simply different. Because we handle claims across the UK, we can identify from the outset which framework applies to you and build the strongest case possible.
Can your employer defend the treatment?
An employer may try to argue that the treatment was reasonable and necessary, for example, to manage attendance or to maintain proper standards. The reason has to be genuine, and the steps taken have to be fair and proportionate.
We test the employer’s explanation against the facts, including whether a less severe step was available, whether adjustments were considered first, and whether a fair process was followed. If the response was more extreme than the situation required, the employer’s explanation is unlikely to withstand scrutiny.
What about reasonable adjustments?
Employers are expected to take reasonable steps to remove disadvantages faced by disabled employees, such as adjusting duties, allowing flexible hours, or providing equipment. Where an employer punishes you for something that a reasonable adjustment would have solved, that often strengthens your position. If you think your employer failed to make adjustments that would have helped, this is something we will look at closely.
What compensation might you receive?
Compensation in disability discrimination cases can be significant. A successful claim can include your financial losses, such as lost earnings and benefits, together with an award for the upset and distress caused by the treatment, which is usually described as injury to feelings. The amount depends on the seriousness of what happened and the effect it has had on you.
How long do you have to make a claim?
Time limits for bringing a claim are short and strictly applied, often only a matter of months from the treatment you are complaining about. It is essential to seek legal advice as soon as you suspect that something is wrong, while there is still time to consider all of your options.
How can we help?
We offer all clients a free initial consultation with a specialist employment law solicitor, so that you can understand your position and the options open to you. We help clients throughout the United Kingdom, and if you decide to proceed, whether by raising an internal grievance, negotiating a settlement, or bringing a tribunal claim, we will be by your side at every stage.
To speak to us in confidence, call 0808 168 7288 or get in touch here.