Get in Touch
Disability discrimination can take many forms, and for those in leadership positions, its impact often extends beyond workplace fairness. In competitive professional environments, the pressure to perform can make it even harder for those living with a disability to ask for help.
However, UK law is clear, and under the Equality Act 2010, discrimination on the grounds of disability is unlawful. The Act consolidated earlier legislation, including the Disability Discrimination Act, and introduced a broad definition of disability. This legislation covers a wide range of conditions, from mobility issues and sensory impairments to chronic illnesses and mental health conditions such as depression.
Understanding Disability Discrimination in the Workplace
The Equality Act 2010 recognises several forms of discrimination, all of which can arise in the workplace:
- Direct discrimination, where someone is treated less favourably because of their disability, resulting in disadvantage or detriment to that person.
- Indirect discrimination, which occurs when a provision, criterion or practice that applies to all workers particularly disadvantages those with a disability.
- Harassment, involving unwanted conduct that violates someone’s dignity, resulting in an environment that is hostile, offensive, intimidating, humiliating or degrading.
- Victimisation, where someone is subjected to unfavourable treatment as a result of being involved in an EqA discrimination claim.
- Discrimination arising from disability, when a person is treated unfavourably because of something resulting from their disability.
- Failure to make reasonable adjustments, which would remove or minimise a substantial disadvantage for someone with a disability.
For many employees, the failure to make reasonable adjustments is often the most relevant issue, especially when expectations and responsibilities are high, but support is inadequate.
What Is a ‘Reasonable Adjustment’?
A reasonable adjustment is designed to prevent the disadvantage created by workplace policies for a disabled employee. These adjustments are not optional goodwill gestures; they are legal requirements when an employer knows that an employee has a disability.
What is considered ‘reasonable’ depends on the circumstances, such as the organisation’s size and resources, and the effect of the adjustment on the overall business. Typically, a large corporation will be expected to make more extensive changes than a small business because it has more resources and operational flexibility.
For senior employees, reasonable adjustments often need to be tailored to ensure that both the individual and their team can continue to perform effectively.
Flexible Working Arrangements
Flexibility is often one of the simplest and most effective ways to support employees with disabilities. This could involve flexible working hours or remote working options. For example, a director with a chronic health condition might work around a doctor’s appointment, or lead meetings virtually on certain days to manage fatigue.
Role or Responsibility Adjustment
For senior roles with excessive workload or travel requirements, adjusting duties can make a big difference. Redistributing physically demanding or high‑pressure elements of a role, without changing responsibilities, allows senior professionals to continue contributing at a high level. The key is to identify which tasks are essential and which can be delegated.
Assistive Technology and Equipment
Advancements in technology can help eliminate practical barriers. Voice recognition software, speech‑to‑text tools, or screen‑reading programs can all improve accessibility in the workplace. Employers should also consider ergonomic office setups, accessible meeting rooms, or modified vehicles for those who travel as part of their role.
Physical Modifications
Although senior employees often have private offices or specific workspaces, employers may still need to make adjustments such as accessible parking, modified entrances, or altered office layouts. Even in hybrid or remote working models, ensuring home office environments meet accessibility needs is increasingly expected.
Mental Health Support
For those managing stress‑related or mental health conditions, adjustments might include longer project deadlines, the option to work from home, or access to confidential counselling. Leadership positions have unique pressures and recognising this through tailored support is essential to creating a responsible and inclusive culture.
How to Request Reasonable Adjustments
Requesting adjustments can be awkward and uncomfortable, particularly for senior staff who fear being viewed as ‘less capable’. However, transparency from the outset can prevent long‑term conflict and misunderstanding.
Start by communicating the need for support in writing to HR or a direct manager. Explain how the disability affects specific aspects of your job and provide possible solutions rather than just identifying problems. Supporting medical documentation can also help, but an employer cannot demand proof beyond what is reasonable for assessing the request.
In our experience at Nationwide Employment Lawyers, employees who frame their requests around shared goals, such as continuing performance, maintaining quality, and avoiding absences, often find the process more constructive. It helps employers see the mutual benefit of making changes and reduces the likelihood of conflict.
When Employers Refuse to Make Adjustments
If a reasonable request is ignored or refused without justification, the employer could be breaching the Equality Act 2010. The law expects employers to carry out thorough consideration, including consultation and, where necessary, an assessment of potential modifications. An outright refusal without explanation is rarely viewed favourably by Tribunals. Steps an affected employee might take include:
- Raising the issue informally first, with HR or a senior colleague.
- Submitting a formal grievance under the organisation’s policy.
- Seeking legal advice to assess whether the refusal amounts to discrimination.
Ultimately, claims can be made via an Employment Tribunal if negotiations fail. However, many cases can be resolved before reaching this stage, often after the employer receives a detailed explanation of their legal obligations and risk exposure.
Proving Disability Discrimination
Evidence is key in any discrimination claim. Keep detailed notes of meetings, correspondence, and examples of how the lack of adjustment affects your work. Email trails showing repeated requests or instances of peers receiving different treatment can also prove decisive.
Remember, the employer’s duty arises as soon as they know, or could reasonably be expected to know, about the disability. It is not enough for employers to claim ignorance if there were clear indicators or discussions about the issue. This is particularly important for senior professionals, where performance expectations naturally attract close scrutiny.
Promoting Inclusion at the Senior Level
Many organisations still underestimate how disability discrimination manifests at the leadership level. Subtle cultural barriers, such as assumptions about availability, resilience, or visibility, can discourage professionals from disclosing long‑term health conditions. Creating an inclusive culture means addressing not just physical adjustments but also perceptions and expectations.
Inclusive leadership is about openness and respect. When senior staff receive visible support from employers, it sets a precedent for the rest of the organisation and reinforces the message that performance and accessibility are not mutually exclusive.
Expert Legal Support for Discrimination Claims
All in all, disability discrimination law can be complex, especially when it involves senior‑level contracts, long service, and reputational concerns. As specialists in employment law and discrimination claims, our team at Nationwide Employment Lawyers has represented many senior professionals navigating these challenges.
If your employer has failed to make reasonable adjustments or you are unsure whether the support offered is adequate, our experts can help you assess your situation, protect your rights, and negotiate constructive outcomes. Contact Nationwide Employment Lawyers today for confidential advice and experienced guidance.
