Discrimination arising from disability is the type of workplace discrimination covered by Section 15 of the Equality Act 2010. It happens when an employer treats you unfavorably because of something connected to your disability, rather than because of the disability itself. The classic example is dismissal for sickness absence where the absence was caused by a disability. The action targets the consequence, not the condition, and Section 15 is the provision that catches it. The protection is broad, but an employer can defeat a claim by proving the treatment was a proportionate means of achieving a legitimate aim, or by showing it did not know and could not reasonably have known you were disabled.1Legislation.gov.uk. Equality Act 2010, Section 15
Do You Meet the Legal Definition of Disability
Section 15 only applies if you are disabled within the meaning of Section 6 of the Equality Act. That means a physical or mental impairment with a substantial and long-term adverse effect on your ability to carry out normal day-to-day activities.2Legislation.gov.uk. Equality Act 2010, Section 6 “Long-term” means the condition has lasted, or is likely to last, at least 12 months. “Substantial” means more than minor or trivial.
A wide range of conditions qualify: chronic pain, depression, anxiety disorders, diabetes, epilepsy, cystic fibrosis, and multiple sclerosis, among many others. Fluctuating conditions count if the effects would be substantial when they recur. Past disabilities are also protected, so a qualifying condition that has since resolved does not remove your rights under the Act.
What Counts as Unfavorable Treatment
Section 15 uses the word “unfavourably” rather than “less favourably.” You do not need to compare yourself to a colleague or point to a group disadvantage. The only question at this stage is whether the employer’s action put you at a disadvantage or caused you a detriment. Common examples include:
- Dismissal, whether framed as capability, redundancy, or misconduct, where the real trigger traces back to a disability-related consequence.
- Disciplinary action, formal warnings, or being placed on a capability procedure because of absences or behavior linked to your condition.
- Lost pay or bonuses, including being denied a performance bonus because disability-related absences dragged down your attendance score.
- Demotion or being passed over for promotion because of perceived limitations connected to your health.
- Being forced onto a different shift pattern, relocated, or stripped of responsibilities without your agreement.
The employer’s motive is not the issue yet. Even a well-intentioned decision can be unfavorable if it leaves you worse off.
The Causal Link: Something Arising in Consequence of Disability
This is the heart of a Section 15 claim. The statute frames the required connection as treatment “because of something arising in consequence of” the disability.1Legislation.gov.uk. Equality Act 2010, Section 15 That “something” is the bridge. The explanatory notes give the example of disability-related absence: the disability causes the absences, and the employer acts on the absences.3Legislation.gov.uk. Equality Act 2010, Explanatory Notes – Section 15
The test runs in two stages. First, did the disability cause or contribute to the “something”? Second, was the unfavorable treatment because of that “something”? The disability does not have to be the sole cause. If it is one of several factors contributing to the consequence, the link is established. Tribunals apply the test broadly, and the threshold is relatively low.
Behavior and Performance, Not Just Absence
The “something” is not limited to physical consequences like sick leave. Behavioral changes caused by a mental health condition, reduced concentration from medication side effects, fatigue from a chronic illness, or stress-related errors of judgment can all qualify. In City of York Council v Grosset, a teacher with cystic fibrosis was dismissed for gross misconduct after showing an age-inappropriate horror film to a class. He argued the decision resulted from an error of judgment caused by work-related stress, which was itself a consequence of his disability. The Court of Appeal agreed. The employer did not need to know, at the point of dismissal, that the misconduct arose from his disability. What mattered was the objective causal connection between the condition and the behavior.4GOV.UK. City of York Council v Mr P J Grosset
Where Causation Fails
If the employer’s action had nothing to do with a disability-related consequence, the claim collapses. An employee dismissed for theft cannot claim Section 15 protection simply because they also happen to have a disability. Tribunals scrutinize medical evidence and workplace records to test whether the alleged consequence actually arose from the condition.
The Employer’s Justification Defense
Even where a disability-related consequence clearly triggered the unfavorable treatment, the employer can escape liability by showing the treatment was a proportionate means of achieving a legitimate aim.1Legislation.gov.uk. Equality Act 2010, Section 15 This is an objective test. The tribunal makes its own assessment rather than deferring to the employer’s judgment, which sets a stricter standard than the range-of-reasonable-responses test used in unfair dismissal cases.
Legitimate Aims
A legitimate aim needs to reflect a real business need or a genuine interest worth protecting. Health and safety, maintaining operational effectiveness, protecting other employees from harm, and ensuring consistent service delivery have all been accepted. Cost-saving alone does not count. The employer must point to something beyond wanting to spend less money.
Proportionality
Proportionality is where most defenses succeed or fail. The tribunal weighs the disadvantage to you against the importance of the employer’s aim, and asks whether the same goal could have been achieved through a less discriminatory route. If a less damaging option was available and the employer ignored it, the treatment is unlikely to be proportionate. Reasonable adjustments loom large here. Where the employer failed to make adjustments that could have reduced or removed the problem, arguing that dismissal or discipline was proportionate becomes very difficult. In Grosset, the dismissal fell within the range of reasonable responses for unfair dismissal purposes but was still found disproportionate under Section 15, partly because the employer had not managed the teacher’s workload.
What If the Employer Didn’t Know About Your Disability
Section 15 does not apply if the employer can show it did not know, and could not reasonably have been expected to know, that you had the disability.1Legislation.gov.uk. Equality Act 2010, Section 15
Actual knowledge is straightforward. If you told your manager, sent medical documentation to HR, or disclosed your condition during an occupational health referral, the employer knew. Knowledge held by any relevant person in the organization, not just the decision-maker, can count.
Constructive knowledge is where most disputes arise. An employer cannot avoid liability by looking the other way. If warning signs were visible, such as frequent medical appointments, visible changes in performance, references to health problems in conversation, or patterns of absence, a tribunal will ask what a reasonable employer would have done. If a reasonable employer would have made enquiries and those enquiries would have revealed the disability, the employer is treated as having known. An employer who had good reason to make an occupational health referral but chose not to will struggle to claim ignorance. If you are thinking about a claim, keep a record of when and how you communicated your condition.
How Reasonable Adjustments Fit In
Section 15 rarely stands alone. Running alongside it is the employer’s duty under Sections 20 and 21 to make reasonable adjustments where a workplace policy, physical feature, or lack of an auxiliary aid puts you at a substantial disadvantage compared with non-disabled colleagues. The employer bears the cost.5Legislation.gov.uk. Equality Act 2010, Section 20 Common adjustments include:6Equality and Human Rights Commission. Examples of Reasonable Adjustments in Practice
- Flexible or reduced hours, adjusted start and finish times, extra breaks, or part-time working.
- Reallocating duties that your condition makes difficult, such as removing a rooftop inspection duty from someone with severe vertigo.
- Physical changes: wider doorways, ramps, adjusted desk heights, improved lighting.
- Equipment and technology: an adapted keyboard, a large monitor, voice-recognition software, a specialist chair.
- Time off for treatment beyond standard sick leave, including rehabilitation, therapy, or medical assessments.
The connection to Section 15 is direct. If an employer dismisses you for poor attendance but never considered adjustments that could have improved that attendance, the failure to adjust seriously weakens any justification defense. Tribunals regularly find that the unfavorable treatment was disproportionate because a reasonable adjustment could have prevented the problem.
What You Can Recover
Discrimination compensation is not capped, which distinguishes it from an unfair dismissal award. A successful Section 15 claim can produce several categories of remedy.
Financial losses cover quantifiable losses flowing from the treatment. Where you were dismissed, that means lost earnings from the dismissal date to the hearing, and, where reinstatement is unrealistic, projected future earnings. Lost pension contributions, benefits, and bonus entitlements fall within the same category.
Injury to feelings is awarded in every successful discrimination claim, using the Vento bands, which are updated annually. For claims presented on or after 6 April 2025, the lower band runs from £1,200 to £12,100 for less serious cases, the middle band from £12,100 to £36,400, and the upper band from £36,400 to £60,700 for the most serious cases such as sustained discriminatory treatment or a dismissal causing severe distress. Awards above £60,700 are reserved for exceptional circumstances. Where the discrimination caused or worsened a psychiatric condition, a separate personal injury award may be available on top, supported by medical evidence.
The tribunal can also make recommendations requiring the employer to take specific steps to reduce the impact of the discrimination on you, such as providing a reference, making a particular adjustment, or arranging equality training.
Time Limits and Starting a Claim
The deadline is strict. Your claim must reach the tribunal within three months minus one day from the date of the discriminatory act.7Equality and Human Rights Commission. Time Limits for Discrimination Claims If you were dismissed on 10 January, the deadline is 9 April. Miss it and you will almost certainly lose the right to bring the claim, unless the tribunal decides it is just and equitable to extend time, which is discretionary and never guaranteed.
Before you can submit a tribunal claim, you must first notify Acas to begin early conciliation. You provide your details and your employer’s details, either online or by phone, and Acas will attempt to broker a settlement. If conciliation fails or you decline to settle, Acas issues an early conciliation certificate, which you need to lodge the tribunal claim. The conciliation period pauses the three-month clock, but treat that as breathing space rather than a safety net. Start the process early.
Where the discrimination is a course of conduct rather than a single event, the clock runs from the last act in the series. If your employer repeatedly penalized you for disability-related absences over several months, time runs from the most recent penalty. Whether individual acts form a continuing course of conduct is fact-specific, and tribunals look closely at the connection between them. If the claim is against a former employer for something that happened after you left, such as a discriminatory reference, the same three-month limit applies from the date of that post-employment act.