Disability is defined as having a physical or mental impairment that has a substantial and long-term adverse effect on the ability to carry out normal day-to-day activities. An individual who has a medical condition which has lasted at least 12 months, or is expected to last at least 12 months (except where it is a terminal condition), will be considered to have a disability.
All employers are under a duty not to discriminate on the grounds of disability in respect of employees, including apprentices, workers (agency temps, contractors and casual workers), and job applicants (in the recruitment and selection process). Employers should be aware that there is no qualifying length of service to bring a disability discrimination claim in an Employment Tribunal. Unlike Unfair Dismissal there is also no cap on the amount of compensation that can be awarded if the claim is successful. In the financial year 2022 / 2023, the average Compensation Award for Disability Discrimination was £45,435.
In a recent case, Miller v Rentokil (2024), the Employment Appeal Tribunal (EAT) found that an employer failed in their duty to make reasonable adjustments when it dismissed an employee with a disability instead of giving them a trial period in an alternative role.
This case demonstrates how important it is for employers to carefully consider what reasonable adjustments they might be able to make for employees with a disability. Any reasonable adjustments which are proposed should be fully investigated. If an employer is not able to make a particular reasonable adjustment, then they must be able to demonstrate why they have found that they are unable to do so.
