The Equality Act protects you as a disabled person. Employers cannot ask you questions about your health unless it’s to do with your job.

There are some benefits to talking about disability. These include: However, there can be disadvantages.

Can I be sacked for being disabled?

It’s unlawful for an employer to treat you less favourably as a disabled person. Under the Equality Act, employers must make reasonable adjustments to remove barriers for a disabled person in employment.

What happens if I’m unable to work?

Ask your employer to treat disability absence separately from sickness absence. Disability leave is a reasonable adjustment. 

Keep in touch with your employer. That way you may be able to have a phased return to work after absences or negotiate a reduction or flexibility in your hours.

Can I get support at work?

The Access to Work scheme can provide practical advice and support to help you in the workplace. It can also give you grants towards extra employment costs.

Please note that your employer only has a duty to provide reasonable adjustments if they are aware (or should reasonably be expected to be aware) that you are disabled.

If your employer does not provide reasonable adjustments, then you may be able to bring a claim via an employment tribunal.

Can my employer sack me on sick leave?

This depends on your contract and whether your employer can make reasonable adjustments for you. If you feel you have been unfairly dismissed because you are disabled, you may have a case against your employer.

What counts as disability discrimination?

If you think your employer is discriminating against you, contact the Advisory Conciliation and Arbitration Service (ACAS) for free information and advice to help prevent or resolve workplace problems.

If you think you’re being discriminated against, call the Equality Advisory Support Service free on 0808 800 0082. They are the experts in discrimination but cannot give specific legal advice.

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