Editor's message: Disabled people are protected in the workplace against direct and indirect disability discrimination, harassment and victimisation because of their disability. Disability discrimination legislation covers actual and prospective employees, and ex-employees.
An important and unique feature of disability discrimination law is the duty to make reasonable adjustments. One of the situations in which the duty is triggered is where an employer applies a provision, criterion or practice that subjects a disabled person to a substantial disadvantage. Under the duty, employers must take reasonable steps to remove that disadvantage. You may do this by, for example, allocating some of the disabled person's duties to another person, changing his or her hours or place of work, or modifying disciplinary or grievance procedures. A failure to comply with the duty to make reasonable adjustments may constitute disability discrimination.
There is no qualifying period of employment for an individual to bring a claim of disability discrimination to an employment tribunal and no ceiling on the amount of compensation that can be awarded if a claim is successful.
Ellie Gelder, employment law editor
Updated to reflect the average compensation awarded for disability discrimination in 2016/17.
In Peninsula Business Service Ltd v Baker  IRLR 394 EAT, the EAT held that, for a claim of harassment to succeed in a case involving the protected characteristic of disability, it is not enough for the alleged harassment to be "related to" disability in a general sense. The claimant must actually have a disability to bring the claim.
In O'Brien v Bolton St Catherine's Academy  IRLR 547 CA, the Court of Appeal held that the employer's decision to disregard new medical evidence and dismiss an employee on long-term sickness absence amounted to both discrimination arising from disability and unfair dismissal.
A table listing the disability discrimination awards made by employment tribunals in 2016/17.
Updated to include information on Charlesworth v Dransfields Engineering Services Ltd, in which the EAT held that the employee's disability-related absence was not the effective cause of the decision to dismiss.
We provide a mid-year round-up of key employment law cases in 2017.
The employment tribunal held that the dismissal of a disabled employee on a final written attendance warning following an absence unrelated to her disabilities constituted discrimination arising from disability.
The employment tribunal held that the claimant's former employer committed discrimination arising from disability after providing details of his sickness absence levels to a prospective employer and stating that it would not re-employ him.
Mencap is urging employers to use apprenticeships to increase levels of employment for people with learning disabilities.
The Employment Appeal Tribunal has held that the employee's disability-related absence was not the effective cause of the employer's decision to make the employee redundant. Rather, the absence was part of the context in which the employer identified the opportunity to restructure its business and eliminate the employee's post.
HR and legal information and guidance relating to disability discrimination.