Disability
Disability is a protected characteristic under the Equality Act 2010, ensuring that individuals with physical or mental impairments are not discriminated against in employment, education, or access to services. Employers must make reasonable adjustments to create an inclusive and accessible environment.
| Key Employee Rights | What Employers Must Do |
|---|---|
| Protection from direct and indirect discrimination due to disability | Make reasonable adjustments to remove workplace barriers for disabled employees |
| Right to reasonable adjustments (e.g. accessible workspaces, flexible hours, assistive technology) | Ensure fair hiring practices by considering applicants based on ability, not disability |
| Protection from discrimination arising from disability (e.g. being dismissed due to disability-related absences) | revent discrimination in promotions, redundancies, and workplace policies |
| Right to equal access to career development, promotions, and benefits | Provide training on disability awareness and inclusive practices |
| Protection from harassment and victimisation in the workplace | Create a zero-tolerance policy for disability-related harassment or victimisation |
Key Legal Concepts
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Occurs when an individual is treated unfairly due to their disability.
Example: Rejecting a qualified candidate because they have a hearing impairment.
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Occurs when a policy or practice disproportionately affects disabled individuals.
Example: A workplace policy requiring employees to stand for long periods, disadvantaging individuals with mobility impairments.
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Occurs when someone faces unfavourable treatment due to something linked to their disability.
Example: Dismissing an employee for taking disability-related sick leave.
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Employers must remove barriers that disadvantage disabled employees.
Example: Providing screen-reading software for a visually impaired employee.
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Harassment: Unwanted conduct related to disability (e.g., offensive jokes, exclusion).
Victimisation: Retaliation against an individual for raising concerns about disability discrimination.
Case Law
Williams v The Trustees of Swansea University Pension Scheme (2018)
Key Facts:
· Mr. Williams, who had a disability, took early retirement on medical grounds.
· His pension was calculated based on part-time earnings, reducing his entitlement.
· The Supreme Court ruled this was not disability discrimination, as the policy applied fairly to all employees.
Significance:
· Employers must apply policies fairly, but should still consider the impact on disabled employees.
What’s Protected and What Isn’t?
| Protected | Unprotected |
|---|---|
| Dismissing an employee due to disability-related absences | Minor illness or short-term conditions (e.g. flu, cold) |
| Refusing to make workplace adjustments | Situations where adjustments would be unreasonable or create excessive financial burden |
| Workplace policies that disadvantage disabled employees | Benefits or allowances specifically for disabled individuals |
How Employers Can Support Age Diversity
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Ensure offices, digital platforms, and materials are disability-friendly
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Offer remote work or adjusted schedules where necessary
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Offer software, devices, and support tailored to employee needs
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Educate staff on disability inclusion to foster an inclusive workplace
“A supportive, accessible, and fair workplace empowers disabled employees and ensures compliance with legal obligations under the Equality Act 2010.”