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Disability discrimination and the law
This information applies to England and Wales.
It is discrimination when a person puts you at a disadvantage. This can happen when people:
- treat you differently
- make decisions that exclude you
- bully or harass you
The Equality Act 2010 says that discrimination is illegal. Making a complaint is usually the quickest way of getting the access you need.
People may behave in a way that is not illegal but which still makes you feel uncomfortable. For example, people staring at you on public transport.
Types of discrimination
Disability discrimination can be direct or indirect.
Direct discrimination
Direct discrimination is when a disabled person is treated unfairly because of their impairment or condition.
For example:
- Your employer does not offer you a place on a training course because they think that it would be difficult for you to get there.
- A retailer does not offer you a service that they’re offering to non-disabled customers.
Indirect discrimination
Indirect discrimination is when an organisation makes a decision without considering disabled people that puts you at a disadvantage.
For example:
- Your employer has an inaccessible canteen.
- Your bank wants you to go to a branch when your condition makes this hard or impossible.
Other forms of discriminations include:
Harassment and victimisation
Harassment is aggressive pressure or intimidation that may place you at a disadvantage.
Victimisation is being singled out for cruel or unjust treatment.
For example:
- Your employer makes negative remarks about disabled employees.
- Someone in the street shouts offensive names at you as a disabled person.
By association
This is when discrimination is directly linked to the fact you associate with someone considered disabled.
For example:
- A colleague believes a manager is discriminating against a disabled employee. They raise a concern and then face discrimination themselves, which they believe is directly linked to them raising the complaint.
Your rights
The Equality Act 2010 replaced the Disability Discrimination Act. It says that disabled people have the right to ‘reasonable adjustments’ that make jobs and services accessible to them. Access for disabled people is a legal requirement.
This applies to employers, public and private services. Some things such as transport are covered by specific regulations.
Rights of disabled passengers (GOV.UK)
Disability discrimination in rented housing
The Act defines being disabled as:
“a physical or mental impairment, and the impairment has a substantial and long-term adverse effect on [your] ability to carry out normal day-to-day activities"
What counts as 'disabled' under the Equality Act
By law, 'long-term' means that your condition:
- has lasted for at least 12 months or
- is expected to last at least 12 months or
- means that you’re expected to live for less than 12 months
Being classified as 'disabled' under the Equality Act means that if you find yourself in a situation where you are discriminated against, the Act will cover you.
The Act also covers people with the following conditions from the moment of diagnosis:
- cancer
- HIV
- multiple sclerosis
- facial disfigurement
Check if you're disabled under the Equality Act (Citizens Advice)
Reasonable adjustments
There is no set definition of 'reasonable' in the Equality Act. It depends on what you need, the situation and how much the adjustment might cost.
An adjustment can be physical, such as a ramp or hearing loop. Or it can mean changing the way people behave towards you, such as colleagues not covering their mouths when they are speaking if you lip read. Many adjustments cost very little and can have benefits for everyone. For example:
- giving people who find noisy shopping environments difficult the chance to browse 30 minutes before a shop opens
- autism-friendly cinema screenings (Dimensions)
- an employer offering flexible working
Being denied adjustments
By law, employers and people providing services should consider all disabled people’s requests for adjustments. If they think an adjustment is too costly or disruptive to be ‘reasonable’, they should be able to show why.
If possible, it’s best to warn a provider of a service, like a restaurant, if you need any adjustments, before you arrive. This makes it harder for them to say your request is unreasonable.
Making complaints
Complaints can be the quickest way to get the support you need.
Informal complaints
If you can, start by talking with the person who is not supporting you. This could be a line manager who is not providing papers in an accessible format or a colleague who is ignoring you.
Explain:
- how your condition or impairment affects you and what you need
- how they can help
Formal complaints at work
If you are an employee complaining about someone at work, you will need to raise a grievance in writing.
Include:
- dates
- times
- names
- what happened
- evidence, such as emails or photos
If your employer does not respond, contact your union or workplace rep.
Contact ACAS (Advisory, Conciliation and Arbitration Service)
Formal complaints to companies and public services
You can look up the company on Resolver, which is a free complaints tool that provides templates and helps you to track your complaint.
Search for the company on Resolver
Submit your complaint. Usually, this will be an online form.
Complaining on the organisation's social media accounts can also help.
Complaints guide for encountering online accessibility barriers
Taking a complaint further
If making a written formal complaint does not work, find out if there's someone else you can appeal to. How this works will vary in different types of organisation, for example:
- a company: head office
- an NHS hospital: Patient Advice and Liaison Service (Pals)
Transport
By law, all transport providers should offer an accessible service. This varies depending on the type of transport.
Work
You can ask for reasonable adjustments if your condition places you at a disadvantage. This will help you avoid discrimination in the workplace. Read more about what your rights are:
Your employer should not harass you and should protect you from being victimised.
If you feel you are being harassed or victimised, talk to your union or get in touch with the Advisory, Conciliation and Arbitration Service (ACAS).
Warning
Making a claim at an employment tribunal
The time limit for making a discrimination claim at a tribunal is 3 months less a day from the date of the discrimination.
Education
Educational settings should not treat disabled students unfavourably. This means that they are not allowed to:
- refuse to admit someone because of their impairment or condition
- discriminate against them by not meeting their needs
- allow harassment or victimisation by teachers or students related to their condition
Schools
Schools must make 'reasonable adjustments' so that your child can study.
Schools and nurseries have a legal duty to identify children who need Special Educational Needs Support.
They do this when your child starts school and throughout their school life.
Children with education, health and care (EHC) plans have more legal rights to the specific support.
If school is not following an EHCP
Colleges and universities
Colleges should not treat disabled students unfavourably.
Get legal advice
Some solicitors may offer free advice.
Check if you can get legal aid (GOV.UK)
Finding free or affordable legal help (Citizens Advice)
You may also be able to get legal support through your:
- home insurance company
- union membership
- charity membership
No win, no fee solicitors may also be an option.
But you may have to pay for legal advice.
If you want to see them in person, find a local solicitor.
Last reviewed by Scope on: 23/10/2024
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