Disability Discrimination Tribunal Claim UK Guide

Overview

Disability discrimination at work is governed by the Equality Act 2010, which sets out the protections available to disabled workers, job applicants, and in some cases former employees. The Act covers every stage of the employment relationship, from the job advert through to the reference given after you leave.

To bring a claim, you generally need to show three things: that you meet the legal definition of disability, that something your employer did (or failed to do) amounted to one of the prohibited forms of discrimination, and that this caused you some form of disadvantage. A disability, in legal terms, means a physical or mental impairment that has a substantial and long-term negative effect on your ability to carry out normal day-to-day activities.

Long-term typically means it has lasted, or is likely to last, at least twelve months. Some conditions, such as cancer, HIV, and multiple sclerosis, are treated as disabilities automatically from the point of diagnosis. The disadvantage you suffer doesn't have to be financial, it can include things like being passed over, humiliated, or forced out of a role.

Key steps

1. Identify the type of discrimination. Work out which category your situation falls into: direct discrimination, indirect discrimination, discrimination arising from disability, harassment, victimisation, or failure to make reasonable adjustments. The same set of facts can sometimes support more than one type of claim, and the legal test for each is different. 2. Gather your evidence. Start collecting everything relevant while it's fresh: emails, text messages, meeting notes, sickness records, occupational health reports, and the names of anyone who witnessed what happened. Keep a dated diary of incidents. Medical evidence confirming your condition and how it affects you will usually be central to the case. 3. Raise it internally first. In most cases it's sensible to put your complaint in writing to your employer through a formal grievance before going to tribunal. This gives the employer a chance to put things right and shows the tribunal you acted reasonably. Keep copies of everything you send and every response you receive. 4. Notify Acas for early conciliation. Before you can lodge a tribunal claim, you must contact Acas and go through their early conciliation process. This pauses the clock on the claim deadline and gives both sides a chance to reach a settlement without a hearing. You'll receive a certificate at the end, which you need to submit your claim. 5. Submit your ET1 claim form. Tribunal claims are started using the ET1 form, which can be filed online through the gov.uk tribunal service. The deadline is generally three months less one day from the act you're complaining about, though early conciliation can extend this slightly. Missing the deadline is usually fatal to a claim, so don't delay.