Why this matters.
The Equality Act 2010 protects disabled job applicants and workers from the first day, with no qualifying period. A person is disabled under section 6 if they have a physical or mental impairment with a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities, and cancer, HIV and multiple sclerosis count from diagnosis (Schedule 1). Conditions such as anxiety, depression, diabetes, dyslexia, ADHD, long COVID and back problems are often covered. Employers have a positive duty under sections 20 and 21 to make reasonable adjustments where a policy, a physical feature of the workplace or the lack of an auxiliary aid puts a disabled person at a substantial disadvantage, and they cannot charge the person for those adjustments.
Disability claims are among the most common and costly in the employment tribunal. Compensation for discrimination is uncapped (section 124), and injury to feelings awards alone can exceed £60,000 in the most serious cases. Employers also face claims for discrimination arising from disability (section 15), such as dismissing someone for disability-related absence without a proper justification, and for asking health questions before a job offer in breach of section 60. A clear adjustments process, good records and occupational health advice are the best protection.