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
In Awan v ICTS UK Ltd, the Employment Appeal Tribunal (EAT) held that an implied term of the contract of employment prohibited the employer from dismissing the employee for medical capability while he was entitled to receive long-term disability benefits.
In Wood v Durham County Council, the Employment Appeal Tribunal (EAT) held that the employee's tendency to steal was a manifestation of his disability and an excluded condition under the Equality Act 2010 (Disability) Regulations 2010.
Updated to include information on the Government's voluntary reporting framework to support employers that want to collect and report data on disability, mental health and wellbeing in the workplace.
A woman with a long-term eye condition, who lost her job at a food preparation firm after being asked to peel onions, has won her case for unfair dismissal at an industrial tribunal in Northern Ireland.
In Evans v Xactly Corporation Ltd, the Employment Appeal Tribunal (EAT) upheld an employment tribunal's ruling that calling a salesperson a "fat ginger pikey" in a working environment with a culture of "jibing and teasing"; was not harassment under the Equality Act 2010.
A salesman who was called a "fat ginger pikey" by work colleagues has lost his claim for disability discrimination and victimisation at the Employment Appeal Tribunal.
Updated to reflect the average compensation awarded for disability discrimination in 2017/18.
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.
HR and legal information and guidance relating to disability discrimination.