What is disability discrimination in the UK?

Under the Equality Act 2010, disability is a protected characteristic. A disability is defined as a physical or mental impairment that has a substantial and long-term adverse effect on normal day-to-day activities. 'Long-term' means the condition has lasted (or is expected to last) at least 12 months. Some conditions — cancer, HIV, MS — are deemed disabilities from diagnosis, regardless of current effect.

There are several forms of disability discrimination. Direct discrimination: treating someone worse because of their disability. Indirect discrimination: a provision, criterion, or practice that puts disabled people at a disadvantage without objective justification. Failure to make reasonable adjustments: not adjusting working arrangements, physical features, or policies to remove disadvantages. Discrimination arising from disability: unfavourable treatment because of something arising from a disability (e.g. dismissing someone for absences caused by their condition). Harassment and victimisation are also prohibited.

Employers have a duty to make reasonable adjustments to remove or reduce disadvantages that disabled employees face. Whether an adjustment is 'reasonable' depends on its cost, practicality, and the employer's resources. Reasonable adjustments include: phased return to work, changed hours or location, modified duties, assistive technology, and additional breaks. Failure to make reasonable adjustments is one of the most common forms of disability discrimination claim.