Know Your Rights as a Disabled Person
Legal protections against discrimination and rights to reasonable adjustments under the Equality Act 2010.
Overview
The Equality Act 2010 provides comprehensive protection against disability discrimination in employment, education, access to services, housing, and transport. Disability is a protected characteristic — defined as 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. The duty to make reasonable adjustments is a proactive and anticipatory duty — organisations must take steps to remove barriers for disabled people without waiting to be asked.
Who Can Use This Process
- You are likely eligible to use this guide if your situation involves know your rights as a disabled person.
- You have a genuine legal basis for the matter (contract, tort, statutory right, etc.).
- You have made reasonable attempts to resolve the matter directly with the other party first.
Step-by-Step Process
Understand Your Protected Status
Disability under the Equality Act 2010 covers physical impairments, mental health conditions, learning disabilities, sensory impairments, and progressive conditions (including HIV, cancer, and multiple sclerosis from diagnosis). The impairment must have a 'substantial and long-term' effect.
- 'Substantial' means more than minor or trivial
- 'Long-term' means lasting or likely to last 12+ months
- Cancer, HIV, and MS are automatically disabilities from diagnosis
- Past disabilities are also protected
Request Reasonable Adjustments
Employers, service providers, and education institutions must make reasonable adjustments to remove barriers. Examples: flexible working hours, modified equipment, additional support, accessible premises, information in alternative formats.
- You do not need to use the phrase 'reasonable adjustment' — just explain what you need
- The duty is on the employer/provider to consider adjustments — they should not wait for you to ask
- Keep a written record of requests and responses
Challenge Discrimination
If you experience discrimination, raise a grievance (employment) or complain to the organisation. If not resolved, you can bring a claim in the Employment Tribunal (for workplace issues) or County Court (for services and other areas) within the applicable time limits.
- Employment Tribunal: 3 months less 1 day from the act of discrimination
- County Court: 6 months from the act of discrimination
- ACAS early conciliation is required before an Employment Tribunal claim
- The Equality Advisory and Support Service (EASS) provides free advice
Access Benefits and Support
Disabled people may be entitled to: Personal Independence Payment (PIP), Employment and Support Allowance (ESA), Disability Living Allowance (children), Access to Work scheme (workplace support funded by DWP), Blue Badge scheme, and council tax reduction.
- PIP is not means-tested — your income doesn't affect eligibility
- Access to Work can fund equipment, support workers, and travel costs
- Apply early — processing times can be long
Costs
Important Warnings
Employers cannot ask about health or disability before making a job offer, except in limited circumstances (Equality Act 2010, s.60).
Failure to make reasonable adjustments is itself a form of discrimination — it does not require proof of motive or knowledge.
Time limits for discrimination claims are strict — seek advice early.
Useful Links
Frequently asked questions
- How long does the know your rights as a disabled person process take?
- The end-to-end timeline depends on which stage you're at. Common steps run on these timeframes: "N/A"; "Employer should respond within reasonable time"; "Within time limits"; "Apply as soon as eligible". Add court / counterparty response time on top — disputed matters can run months longer than the bare minimum.
- How much does it cost?
- Main outlays are: Equality Advisory and Support Service — Free; Employment Tribunal claim — Free; County Court claim — £35–£455. Court fees often qualify for Help with Fees remission if you're on a low income. Solicitor fees are extra and vary widely — many matters can be done as a litigant in person.
- What are the most common mistakes to avoid?
- Watch out for: Employers cannot ask about health or disability before making a job offer, except in limited circumstances (Equality Act 2010, s.60).; Failure to make reasonable adjustments is itself a form of discrimination — it does not require proof of motive or knowledge.; Time limits for discrimination claims are strict — seek advice early.. If you're unsure on any of these, get advice from a regulated solicitor or a free service like Citizens Advice before acting.
- Where can I find the official forms and guidance?
- The official sources are: Equality Advisory and Support Service; ACAS — Disability Discrimination; Access to Work. Always use the forms / guidance from the issuing authority's own site — third-party copies can be out of date.
- Can I do this myself without a solicitor?
- Yes — many people complete this kind of matter as a litigant in person. The site walks through each step in plain English. A solicitor is recommended if: large sums are at stake, the other side has legal representation, the matter involves criminal liability, children, immigration, or you're unsure on any procedural deadline. Free advice is available from Citizens Advice, Law Centres, and (for some matters) LawWorks pro bono clinics.