Editor's message: People with disabilities are protected in the workplace against discrimination, harassment and victimisation because of their disability. The protection 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 adopts a rule 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 constitutes 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.
Fiona Cuming, employment law editor
Updated to reflect the average compensation awarded for disability discrimination in 2017/18.
Updated to include information on Saad v Southampton University Hospitals NHS Trust, in which the EAT set out the correct approach to determining "bad faith" in victimisation claims.
A table listing the disability discrimination awards made by employment tribunals in 2017/18.
In X v Y Ltd, the Employment Appeal Tribunal (EAT) held that an email containing legal advice on how to disguise a discriminatory dismissal as a redundancy is not protected by legal advice privilege and is admissible as evidence in a tribunal.
In South Warwickshire NHS Foundation Trust v Lee and others, the Employment Appeal Tribunal (EAT) held that a decision to withdraw a job offer that was at least partially influenced by a reference that focused on the applicant's sickness absence levels was discriminatory.
More needs to be done to educate employers about their responsibilities to diabetic workers, it has been claimed, as it emerged that one in five people with diabetes have faced disciplinary action for missing work.
Consultant editor Darren Newman explains how the difference between the test of reasonableness in relation to unfair dismissal and the test for justification in relation to "discrimination arising from disability" led to an interesting - and important - Court of Appeal decision.
We have updated our good practice guide on disability to reflect current terminology, provide additional guidance on adopting an inclusive approach towards applicants and employees with disabilities, and ensure compliance with the GDPR.
Updated to include current terminology, additional good practice guidance and information to comply with the General Data Protection Regulation. See Disability: Updated good practice guidance.
The law on discrimination in recruitment and selection, including the impact of the Equality Act 2010 on recruitment, direct discrimination, indirect discrimination, the duty to make reasonable adjustments, positive action, occupational requirements, monitoring and keeping records.
HR and legal information and guidance relating to disability discrimination.