Disability discrimination at work

These laws protect you from unfair treatment because of your disability. This means you have the right to fair treatment at work, from applying for a job to how you’re treated once in work.

Disability discrimination is when someone treats you unfairly because of your disability. This is against the law.

At work, discrimination can happen in many ways. For example:

• Your employer not providing the adjustments you need to do your job
• A company withdrawing a job offer on finding out about your condition
• Losing your job because you’ve taken time off due to your disability
• People at work bullying you or making hurtful comments because of your disability

There are several types of disability discrimination within the workplace.

Direct discrimination

This happens when someone treats you unfairly or less favourably because of your disability.

Example: Your manager organises a team bonding day but does not invite you because they assume you will not take part in the activities.

Indirect discrimination

This is when a workplace policy or rule applies to everyone but puts disabled people at a disadvantage.

Example: Staff are required to use a break room that is only accessible by stairs.

Harassment

This is when someone at work makes offensive or upsetting comments about disability.

Example: A colleague repeatedly makes jokes about your condition.

Failure to make reasonable adjustments

By law, your employer must make reasonable adjustments to help you do your job. If they do not, it may be discrimination.

What counts as ‘reasonable’ depends on things like cost and how easy it is to do. But if a simple change would help and your employer refuses to make it, you may have a right to challenge that decision.

Reasonable adjustments might include:

• Changing your working hours
• Providing specialist equipment
• Giving you more breaks or rest time

Talk to your employer about what you need. You have the right to work in a way that supports your wellbeing.

The Equality Act and DDA offer legal protection against disability discrimination in the workplace. It applies to all stages of employment, including:

• Filling in application forms
• Taking part in interviews or assessments
• Being offered a job
• Discussing pay, hours, or working conditions
• Accessing promotion, transfer, or training opportunities
• Going through disciplinary action
• Being made redundant or dismissed

Telling your employer about your disability

You can decide if and when to tell an employer about your disability. It’s completely your choice.

Sometimes, sharing information about your condition can help your employer understand your needs and arrange any support or changes that make your work easier and safer.

Employers can only ask about your disability before offering you a job in certain situations, like:

• To arrange any reasonable adjustments needed for your interview
• To check if you can safely do essential parts of the job

Whether you choose to share your disability or not, the law protects you from being treated unfairly.

If you do tell your employer about your disability, you have the right to ask for any reasonable adjustments that help you work comfortably and safely.

If you think you’ve been treated unfairly at work because of your disability, remember you do not have to face it alone. You can:

• Raise a grievance (a formal complaint to your employer)
• Get advice from an independent organisation
• Make a legal claim through an employment tribunal (note, there is usually a three-month time limit to do this)

For free advice on your workplace rights, you can contact:

• ACAS (Advisory, Conciliation and Arbitration Service
• Disability Law Service – offers free legal advice to disabled people
• Your local Law Centre for help or advice
• Equality Advisory and Support Service (EASS) – provides support on equality and human rights

If you have questions or need more support, you can contact our employability service. Email employability@musculardystrophyuk.org or call 0800 652 6352 (Monday to Thursday, 2pm-4pm).

Author: Muscular Dystrophy UK
Last reviewed: June 2025
Next review due: June 2028