1. Understanding Disability & Employment
Disabled people work in every type of role and may work full-time, part-time, remotely, flexibly, self-employed or in supported employment.
Different barriers
Mobility, pain, fatigue, sensory needs, communication, concentration, mental health or treatment can affect work in different ways.
Fluctuating conditions
Capacity can vary from day to day. A person may still work effectively with appropriate flexibility.
Focus on access
Support should remove barriers rather than rely on assumptions or stereotypes.
2. Equality Act 2010 Protection
Disability discrimination law covers recruitment, employment and leaving work.
Recruitment
Application forms, interviews, tests and job offers are covered.
During employment
Pay, training, promotion, transfer and workplace opportunities are covered.
Problems / leaving
Discipline, grievances, redundancy and dismissal are also covered.
3. Who May Be Disabled in Law?
Mental, neurological, physical, sensory and long-term health conditions can meet the Equality Act definition depending on their effects.
Mental / neurological
Autism, ADHD and mental-health conditions can be relevant.
Long-term / fluctuating
Chronic pain, fatigue, epilepsy, diabetes, MS and similar conditions can be relevant.
Physical / sensory
Mobility, hearing and sight impairments may be covered.
4. Disclosure and Employer Knowledge
A person does not have to identify themselves as disabled, but employer knowledge can matter to some duties.
Disclosure is personal
Acas says nobody has to tell an employer or potential employer they are disabled.
Knowledge matters
An employer may have duties where it knows, or could reasonably be expected to know, about disability.
Explain the barrier
Where support is needed, explaining the work barrier can help the employer respond properly.
5. Types of Disability Discrimination
Different legal concepts can apply to different workplace facts.
Direct discrimination
Less favourable treatment because of disability.
Indirect discrimination
A rule applying to everyone can disadvantage disabled people and require justification.
Discrimination arising
Unfavourable treatment because of something resulting from disability.
Failure to adjust
Failure to make required reasonable adjustments can itself be discrimination.
Harassment
Unwanted disability-related conduct can create a hostile or humiliating environment.
Victimisation
A person must not be penalised for raising or supporting an equality complaint.
6. Reasonable Adjustments
Employers must make reasonable adjustments where disabled workers would otherwise be substantially disadvantaged.
Hours / breaks
Flexible start times, altered shifts or extra breaks.
Location
Homeworking, a different workstation or accessible location.
Equipment
Ergonomic furniture, specialist keyboards or assistive software.
Work methods
Changed duties, written instructions or additional supervision.
7. What Makes an Adjustment Reasonable?
Reasonableness depends on the situation.
Effectiveness
Would it remove or reduce the disadvantage?
Practicality
Can it be implemented safely and reliably?
Cost and resources
Cost and employer resources can be relevant.
Workplace impact
The role and effect on the organisation can also matter.
8. How to Request an Adjustment
A good request connects the disability-related barrier to the proposed solution.
Describe the barrier
Say what part of the job, process or environment is difficult.
Explain the impact
Describe how disability causes disadvantage.
Suggest the change
Explain what would help and why.
Ask for review
Request a written decision, implementation date and review date.
9. Adjustment Records
Write down what has been agreed so support survives manager, role or workplace changes.
Adjustment details
Record hours, equipment, communication and absence arrangements.
Responsibility
Record who will implement each change.
Review
Review when health, role or workplace circumstances change.
10. Health Adjustment Passport
The DWP Health Adjustment Passport was updated in January 2026.
Identify needs
Use it to identify support and reasonable adjustments.
Access to Work
It can support an Access to Work application.
Your information
GOV.UK says the completed passport belongs to you and cannot be shared without your consent.
11. Recruitment Rights
Equality protection begins before employment starts.
Accessible application
Alternative formats or application methods may be reasonable.
Interview adjustments
Accessible venue, remote interview, communication support or extra processing time may help.
Selection tests
Processes should be adjusted where reasonable so disabled applicants can compete fairly.
12. Health Questions Before an Offer
Employers are normally restricted from asking health or disability questions before a job offer.
Permitted reasons
Questions can be used to arrange interview adjustments or assess an essential job task.
Monitoring / positive action
Limited questions can also be used for permitted equality purposes.
No general screening
Health questions should not simply be used to exclude disabled candidates.
13. Access to Work
Access to Work can fund extra disability-related workplace support.
Equipment / support
Specialist equipment, support workers and job coaching may be funded.
Travel
Help with travel to or within work may be available.
Remote work
People working from home some or all of the time can still apply.
14. Access to Work — No Diagnosis Required
Current GOV.UK guidance says a formal diagnosis is not required to apply.
Neurodivergence
Autism, ADHD and dyslexia are listed as examples.
Mental health
Anxiety and depression are among the examples.
Physical / temporary
Physical disability, illness and some temporary conditions can also qualify.
15. Access to Work and Interviews
Communication support can sometimes be funded for job interviews.
Communication
Examples include BSL interpretation or lipspeaking.
Apply early
Allow enough time before the interview date.
Employer duties remain
The employer must still consider reasonable recruitment adjustments.
16. Neurodiversity at Work
Neurodivergent workers may need communication, sensory or executive-function support.
Clear instructions
Written priorities and explicit deadlines can reduce ambiguity.
Sensory adjustments
Quiet space, different lighting or fewer interruptions may help.
Organisation
Checklists, reminders and structured check-ins can help with working memory and planning.
17. Mental Health at Work
Mental-health conditions should be treated as seriously as physical-health conditions.
Environment
Quiet work areas or reduced hot-desking may help.
Flexibility
Adjusted hours, breaks, workload or phased returns may be useful.
Support
Occupational health or Access to Work mental-health support may help somebody remain in work.
18. Long-Term and Fluctuating Conditions
Invisible and fluctuating conditions can create genuine workplace barriers.
Variation
Pain, fatigue, cognition and mobility may vary.
Treatment
Regular treatment or hospital appointments may be needed.
Review support
Adjustments should be reviewed as symptoms and treatment change.
19. Occupational Health
Occupational health can advise on functional impact, fitness for work and possible adjustments.
Assessment
Reports can address support and return-to-work planning.
Employer decision
The employer considers recommendations alongside legal duties and operational needs.
Confidentiality
Acas says health information should be limited to people who genuinely need access.
20. Medical Reports and Consent
Medical information is sensitive and employers should use a proper consent process.
Consent
A worker's rights apply when an employer seeks a doctor's report.
Relevant questions
Requests should focus on work impact and support rather than unnecessary detail.
Confidentiality
Medical information should not be shared more widely than necessary.
21. Flexible Working
Employees can request flexible working from their first day of employment.
Location
Homeworking or hybrid arrangements can be requested.
Hours
Part-time, flexitime, compressed hours and changed start/finish times can be requested.
Separate equality duty
Disabled workers may have both flexible-working rights and reasonable-adjustment rights.
22. Fit Notes
A fit note can support a work-and-health discussion, not only certify complete absence.
Phased return
Healthcare professionals can suggest a gradual increase in duties or hours.
Altered hours
Different working times or durations may be advised.
Amended duties
Fit notes can suggest changed duties, workplace adaptations or homeworking.
23. Phased Return to Work
A phased return can help after illness, surgery, mental-health difficulty or disability-related deterioration.
Reduced hours
Start with fewer hours or days and build gradually.
Reduced duties
Temporarily remove demanding tasks.
Review points
Agree review dates instead of assuming recovery follows a fixed timetable.
24. Statutory Sick Pay — 2026 Rules
SSP changed on 6 April 2026.
Paid from the first full day
The former 3-day waiting period was removed.
No Lower Earnings Limit
Eligible employees can qualify regardless of their earnings level.
Current formula
SSP is 80% of average weekly earnings or £123.25 per week, whichever is lower.
25. Disability-Related Absence
Ordinary absence rules may need adjustment where absence is related to disability.
Treatment / flare-ups
Disability can cause unavoidable appointments or periods of absence.
Absence triggers
Acas gives examples such as recording disability-related absence differently where reasonable.
Evidence
Occupational-health or medical advice can help decide appropriate arrangements.
26. Performance Management
Performance should be assessed after considering whether disability-related barriers are affecting the worker.
Identify the cause
Check inaccessible systems, communication, pain, fatigue or missing adjustments.
Adjust where required
Give reasonable adjustments a genuine opportunity to work.
Clear expectations
Use measurable priorities and accessible communication.
27. Disciplinary Processes
Disability does not remove workplace standards, but the process must still be fair and accessible.
Consider disability impact
Behaviour, communication or attendance can sometimes arise from disability.
Adjust meetings
Breaks, written questions, accessible rooms or extra processing time may be appropriate.
Avoid unlawful treatment
Disability-related conduct needs proper legal and factual consideration.
28. Grievances and Complaints
If an adjustment is refused or discrimination occurs, record the problem clearly.
Informal route
A manager or HR team may be able to resolve the issue quickly.
Formal grievance
State the facts, disadvantage, adjustment requested and remedy sought.
Representation
A union representative or companion may help.
29. Redundancy
A person cannot lawfully be selected for redundancy simply because they are disabled.
Selection criteria
Scoring should be fair and should not penalise disability without proper consideration.
Absence data
Disability-related absence may need adjustment in selection criteria.
Accessible process
Consultation and alternative-role processes may also need reasonable adjustments.
30. Dismissal and Capability
Ill-health capability situations require careful individual assessment.
Medical evidence
Understand prognosis and functional limitations.
Alternatives
Consider reasonable adjustments, changed duties, hours or other suitable roles where appropriate.
Fair process
Both unfair-dismissal and Equality Act rules may be relevant depending on the case.
31. Benefits While Working
Working does not automatically mean disability benefits end.
PIP
PIP can be paid while working and is not means-tested.
Universal Credit
People can work and still receive UC depending on earnings and household circumstances.
ESA permitted work
New Style ESA has specific permitted-work rules.
32. Right to Try — From 30 April 2026
The Right to Try rules are intended to reduce fear that simply trying work will trigger reassessment.
Trying work
Work or volunteering will not, on its own, trigger reassessment of specified health/disability benefits.
Covered groups
The rules cover PIP and specified UC/ESA health groups.
Other rules remain
Earnings, reporting and ordinary entitlement rules still apply.
33. Self-Employment, Apprenticeships and Placements
Workplace disability support is not limited to permanent employees.
Self-employment
Eligible self-employed people can use Access to Work.
Apprenticeships
Paid apprentices can be eligible.
Placements / internships
Some paid placements, internships and work experience can qualify.
34. Communication and Sensory Accessibility
Workplace access includes information and environment, not only physical entry.
Written information
Accessible documents and meeting summaries can reduce barriers.
Sensory environment
Noise, lighting, hot-desking and interruptions can matter.
Processing time
Allow reasonable time to understand and respond.
35. Workplace Safety and Evacuation
Adjustments should also cover emergencies.
Alerts
Deaf workers may need visual or vibrating alarms.
Evacuation
Stairs, lifts and mobility barriers need safe planning.
Personal arrangements
Some workers may need a personalised evacuation plan.
36. Confidentiality and Respect
Health information should not become workplace gossip.
Need-to-know
Only people who genuinely need the information should have access.
Explain changes safely
Managers can explain operational arrangements without unnecessarily revealing a diagnosis.
Transparency
Workers should know how health information is stored and used.
37. Harassment, Bullying and Stigma
Disability-related jokes, humiliation or exclusion can amount to harassment.
Offensive comments
Mocking disability, mobility, speech, mental health or neurodivergence can create a hostile environment.
Wider environment
Harassment can affect people who are exposed to offensive disability-related behaviour.
Keep records
Record dates, words, witnesses and management responses.
38. Association and Perception
Disability discrimination can sometimes arise even where the worker is not personally disabled.
Association
Unfair treatment linked to association with a disabled person can be direct discrimination.
Perception
Treating someone badly because they are wrongly believed to be disabled can also be unlawful.
Facts matter
The correct legal route depends on the circumstances.
39. Acas Early Conciliation
Before most Employment Tribunal claims, the claimant must notify Acas.
Conciliation
Acas can explore settlement with the worker and employer.
Time limit
If Acas is notified in time, Early Conciliation pauses the Tribunal limitation clock.
Certificate
A certificate is normally needed before starting a Tribunal claim.
40. Employment Tribunal Deadlines — September 2026
The deadline is changing very soon, so the date of the act or dismissal matters.
As at 15 September 2026
Most claims still generally have the current 3-month time limit.
From 1 October 2026
The government says most Employment Tribunal limits will increase from 3 months to 6 months.
Check exact dates
Different claims and Early Conciliation can affect the calculation.
41. Evidence Checklist
Organised records can make adjustment requests, grievances and legal advice much clearer.
Work documents
Keep the job description, policies and contracts.
Adjustment records
Keep requests, responses and review notes.
Health evidence
Keep relevant fit notes and occupational-health reports.
Incident chronology
Record dates, witnesses and disability-related impact.
Process documents
Keep performance, absence, disciplinary, redundancy and grievance material.
Deadlines
Record Acas and Tribunal dates separately.
42. Support for Employers
Inclusive employment is about retaining talent and creating accessible systems.
Train managers
Managers need practical knowledge about disability, adjustments and confidentiality.
Design access in
Recruitment, IT, buildings, meetings and emergency procedures should be accessible.
Review outcomes
Monitor recruitment, retention, promotion and support of disabled workers.
43. Disability Confident — 2026
The government Disability Confident scheme is being reformed during 2026.
Three levels
The scheme supports employers through progressive levels of disability inclusion.
Continuous improvement
Updated 2026 guidance describes it as a learning journey rather than a one-off badge.
Law still applies
Membership does not remove Equality Act duties.
44. Where to Get Help
Use the route that best matches the problem.
Reasonable adjustments
Use GOV.UK and Acas guidance.
Access to Work
Apply for practical disability-related workplace support.
Acas
Get workplace-rights information and Early Conciliation.
Specialist advice
Trade unions, Citizens Advice, law centres or employment solicitors can help with complex disputes.
45. Important Reminder
Disability does not reduce someone's skills, intelligence, professionalism or potential.
Accessible work is fair work
Workers should be able to request support without humiliation or stigma.
Adjustments are wider than equipment
They can apply to recruitment, attendance, communication, performance, discipline, redundancy and return to work.
Protect deadlines
Internal grievances do not automatically protect Employment Tribunal deadlines.