What is disability discrimination?

Disability is one of nine protected characteristics under the Equality Act 2010.

The Equality Act protects you from being discriminated against because of your disability. These protections apply when you are:

• In work
• Accessing services like shops, gyms, cinemas and restaurants
• Dealing with public bodies like the NHS, police, local councils and government departments

Disability discrimination is when you are treated worse than others because of a disability. This could be:

• A one off-incident
• A rule or policy
• A physical or communication barrier that makes it harder for you to access something.

If you think you have been discriminated against because of a disability, you may be able to bring a legal claim under the Equality Act.

The Human Rights Act 1998 also makes it unlawful for public bodies to discriminate against you for being disabled. Read more on this below. You can also read all our pages on disabled people’s rights here.

What’s a disability?

The Equality Act gives a specific definition of disability: a “physical or mental impairment which has a substantial and long-term adverse effect on your ability to carry out normal day-to-day activities.”

What’s a physical or mental impairment?

Some impairments are automatically included under this definition, like

• Having cancer
• Living with HIV
• Having multiple sclerosis (MS)
• Being registered as blind or partially sighted.

Other physical or mental impairments can include:

• Mobility difficulties
• Learning difficulties
• Mental health issues
• Genetic and progressive conditions
• Chronic pain or fatigue
• Hidden conditions like asthma or diabetes

What are normal day-to-day activities?

These are things most people to regularly. It includes daily tasks like getting dressed, preparing food, or communicating with others.

It also covers study-related tasks, like using a computer, completing written work or following a timetable.

What does “substantial adverse effect” mean?

A substantial adverse effect is something which is more than a minor or trivial. It can include things like

• If you can’t do the normal day to day activity at all
• If you avoid doing the normal day to day activity because for you, it’s painful, tiring, or you don’t have the energy or motivation.

What does ‘long term effect’ mean?

“Long-term effect” means any effect that has lasted or will probably last 1 year or longer, or for the rest of your life.

This can include things like

• if you have a breathing condition which developed from a lung infection
• If you have a progressive condition (a condition which gradually gets worse over time).

There are special rules for recurring or fluctuating conditions.

These can be flares that come and go, or sometimes having more symptoms, and then having less. An example would be arthritis.

For example, if you have rheumatoid arthritis, you might get a flare up which gives you substantial adverse effects for a few weeks. After this you might have some time without symptoms, or a period of remission.

The law says:

• These substantial adverse effects are “continuing” if they will probably come back.
• These adverse effects are “long term” if they will probably come back 12 months after the first flare up.

Use this helpful tool to check if you’re classed as disabled under the Equality Act.

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What are the main types of disability discrimination?

There are six main types of disability discrimination under the Equality Act:

1) Direct discrimination

Direct discrimination is where you are treated less favourably than others because of your disability. For example, if you are denied access to a service because you are a disabled person.

2) Indirect discrimination

Indirect discrimination is where:

• a policy or arrangement applies to everyone equally, but
• It has a worse effect on you (puts you at a particular disadvantage) because you are disabled

For example, a council is planning to provide more services. The council shares consultation leaflets about its plans, so people can give their opinion. However, it does not provide an easy read version. This makes it more difficult for people with learning difficulties to take part in the consultation and have their say. This could be indirect discrimination.

3) Failure to make reasonable adjustments

Public bodies, service providers and employers have a duty to make reasonable adjustments to remove disadvantages faced by people with disabilities. It is unlawful for an organisation not to make an adjustment if it is ‘reasonable’. Whether or not an adjustment is ‘reasonable’ depends on many factors, including:

• Effectiveness: how well the adjustment will reduce or removal the disadvantage you face
• Practicality: how easy the adjustment is to make
• Cost: whether the adjustment is affordable and within the organisation’s resources
• Disruption: whether the adjustment would disrupt the service
• Health and Safety: whether the adjustment could harm the health and safety of others

You can make a “reasonable adjustment request” by asking the organisation or service for a particular adjustment. You should identify how the adjustment removes a disadvantage you face, and that you consider the request to be ‘reasonable’. You could outline how the adjustment relates to the above factors.

Examples of reasonable adjustments could be:

• A request to provide an access ramp or a lift so everyone can enter a shop
• A request to have the police’s complaints procedure made accessible in a way that you can understand (for example if you have difficulties with reading, writing or talking)
• a request to a bank to be given a portable induction loop for people with hearing aids

Not making reasonable adjustments for disabled people is discrimination.

4) Discrimination arising from disability

This kind of discrimination is when

• you are treated worse or things are made harder for you or a reason related to your disability, and
• the person who discriminated against you knew, or should have known, that you had a disability.

For example, if an employer refuses to promote someone who has regular hospital appointments because of their disability. This refusal may not be because of the disability itself, but because of absence from work. However, the absence ‘arises’ directly from the disability.  This would probably be unlawful discrimination – unless your employer can show an “objective justification” and that the action is proportionate (see above).

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5) Harassment

Harassment is when a public body, service provider or employer

• acts in a way you don’t want (engages in unwanted conduct) , and
• this behaviour is related to your disability, and
• this behaviour violates your dignity or creates a hostile, degrading, humiliating or offensive environment.

The behaviour could be verbal, written or physical.

Harassment is unlawful.

Examples of harassment include:

• calling you an insulting name related to your disability, or
• asking inappropriate questions based on your disability, or
• excluding you from meetings or events based on your disability.

Employers have a positive duty to prevent harassment in the workplace. This means they should take action if they are aware of harassment.

It can also be harassment if your dignity has been violated by seeing this type of behaviour towards someone else  (even if that person isn’t disabled).

6) Victimisation

Victimisation is when you are treated badly because you’ve made a discrimination complaint under the Equality Act, or because you’re supporting someone who has.

For example, it would be victimisation if you were dismissed because you’d made or supported a discrimination claim.

Is disability discrimination protected by human rights laws?

The European Convention on Human Rights sets out your human rights. They are covered under the Human Rights Act 1998 in the UK.

Article 14 of the Human Rights Act gives you the right to be treated fairly and not discriminated against.

Article 14 is different to the Equality Act. Article 14 does not give you a specific right not to be discriminated against. Instead, it says that you must be able to enjoy all your other rights in the Human Rights Act without discrimination.

For example, Article 8 of the Human Rights Act gives you the right to have your private and family life respected. Article 14 means you should have this right without discrimination.

For example, it would likely be a violation of Article 14 and 8, if a judge ruled that

• a parent should not look after their child, and
• the only reason was that the parent had a mental health condition, and
• the judge didn’t look carefully at whether the parent could actually take care of the child, or didn’t look to see if there was another, less drastic thing to do.

Who can bring a Human Right Act claim?

Human Rights Act claims can only be brought against public bodies, such as the police, NHS, government departments and local authorities.

If a private body has discriminated against you, like a shop or your employer, you can only bring a claim under the Equality Act.

Read our ‘Stand up to power’ page for more information on how to bring a human rights claim.

If you think you’ve been discriminated against, please see our page: “What can I do if I’m discriminated against?”

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Other pages you might be interested in

• All our pages on discrimination
• Information on Disabled people’s rights
• How to bring a human rights claim

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