Prevent discrimination and value diversity

Discrimination against disabled people

Since 1 October 2004, it has been unlawful for any employer, regardless of size, with the exception of the armed forces, to directly discriminate against a disabled person because they are disabled. Also they must not discriminate against a disabled person for a reason related to their disability, unless this can be justified.

The Disability Discrimination Act defines disability as a physical or mental impairment which has a substantial and long-term adverse effect on the ability to carry out normal day-to-day activities. This doesn't include drug or alcohol abuse or a tendency to start fires, steal or physically abuse others, amongst other exclusions.

From 5 December 2005, the Disability Discrimination Act 2005 has widened this definition of disability, providing protection for people with cancer, HIV and multiple sclerosis, effectively from the point of diagnosis. The restriction that mental illness must be "clinically well-recognised" before it is judged to be a mental impairment has also been removed. Read about the Disability Discrimination Act 2005 on the Directgov website.

An employer mustn't treat a disabled person less favourably than other members of staff. For instance, you shouldn't refuse to interview, employ, train or promote a disabled person, simply because of their disability. Since 1 October 2004, harassment on the grounds of disability has also been explicitly outlawed.

Employers have a duty to make reasonable adjustments to enable a disabled person to work or continue working. Reasonable adjustments often involve little or no cost to your business. To find out what you need to consider before making an adjustment for disabled employees see our guide on how to provide access and facilities for disabled people.

Where an employment tribunal finds that disability discrimination has occurred, penalties can be high, since there is no limit on compensation.

There are no length-of-service or age requirements in bringing a claim and where the claimant is an employee, he or she does not need to have left your employment. However, the claim to an employment tribunal will generally have to be brought within three months of the alleged discriminatory act occurring.

Subjects covered in this guide

• Introduction
• Discrimination in recruitment and induction
• Sex discrimination
• Age discrimination
• Discrimination against disabled people
• Discrimination on the grounds of race
• Discrimination on the grounds of religion or belief
• Discrimination on the grounds of sexual orientation
• Discrimination over membership or non-membership of unions
• Discrimination in day-to-day working practices

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