I was dismissed because of my disability, is this discrimination?

The Equality Act 2010 protects employees with disabilities from several forms of discrimination. A disability is defined as a physical or mental impairment that has a substantial and long-term adverse effect on your ability to carry out normal day-to-day activities (lasting or expected to last 12 months or more).

There are three main types of discrimination that may apply to a dismissal:

(1) Direct discrimination: dismissing someone because of their disability, or because of something closely associated with it. For example, dismissing someone because they use a wheelchair or because of their appearance.

(2) Discrimination arising from disability: dismissing someone for a reason that arises in consequence of their disability — for example, dismissing someone for extended sick leave that is caused by their disability. The employer has a defence if they can show the treatment was a proportionate means of achieving a legitimate aim.

(3) Failure to make reasonable adjustments: the duty to make adjustments applies where a provision, criterion, or practice puts a disabled employee at a substantial disadvantage compared to non-disabled employees. This might include a sickness absence policy that triggers dismissal without accounting for disability-related absences.

Before dismissing a disabled employee, a reasonable employer should consider what reasonable adjustments could be made, obtain medical evidence, consult with the employee, and consider alternative roles.

Employment Tribunal claims must be brought within three months minus one day. There is no qualifying employment period for discrimination claims.