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Thursday, July 16, 2026

Defending against disability discrimination - People Management

In light of a recent case, Jack Harrington outlines the steps employers can take to avoid tribunal claims

Already in 2026, there have been more than 400 employment tribunal decisions in England and Wales involving disability discrimination claims. Last year, there were more than 1,600 cases that came before the tribunal. These are sizable numbers, with cases covering both public and private sectors.

While disability discrimination is not primarily covered in the raft of changes under the Employment Rights Act, robust legislation already exists to protect people who have a physical or mental impairment. Whether it’s direct or indirect discrimination, failure to make reasonable adjustments, harassment or victimisation, the law exists to protect and provide important rights to people with a disability. The Equality Act 2010 covers England, Scotland and Wales, with disability one of nine protected characteristics covered under the Act.

The law is designed to protect people at work from being treated unfairly or at a disadvantage, whether that’s employees, workers, contractors, self-employed people, job applicants or former employees. Equally, the Equality Act protects people who have had a disability in the past.It is a complex, and often highly emotive, area of employment law and one that needs to be managed proactively and sensitively by employers.

One recent case, involving an agoraphobic employee highlights these points. In May, the employment tribunal found in favour of...



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