Disability discrimination claim under two years

Hello there. I am Gemma, a legal assistant at Lawyer Destroyer. I would be happy to help clarify this for you.

The short answer:

Yes, absolutely. You do not need two years of service to bring a claim for disability discrimination.

The legal position:

In employment law in England and Wales, people often hear about the two-year rule. That rule applies to standard unfair dismissal claims, meaning you generally need to work for an employer for a continuous period of two years before you can claim they fired you unfairly.

However, discrimination is completely different. Under the Equality Act 2010, protection from disability discrimination does not require any minimum length of service. It is a day-one right. In fact, the law protects you even before you start work, such as during the job application and interview stages.

To be protected, your condition just needs to meet the legal definition of a disability. In plain terms, this means you have a physical or mental impairment that has a substantial and long-term negative effect on your ability to do normal daily activities.

Important deadlines to keep in mind:

If you are dealing with discrimination, there are very strict deadlines in employment law. You usually have just three months less one day from the date the discriminatory act happened to start the legal claims process. If the discrimination is ongoing, the clock usually starts from the date of the latest event, but it is always safest to act as quickly as possible so you do not run out of time.

Practical next steps:

1. Gather your evidence. Keep a private diary of exactly what happened, when it happened, and who was involved. Save any relevant emails, messages, performance reviews, or occupational health reports that show how you have been treated.

2. Try to resolve it internally. If you are still employed there, it is usually a sensible first step to try and sort the issue out informally with your manager or someone in HR. If that does not work, or if the matter is too serious for an informal chat, you can submit an official written grievance following the procedure set out by your employer.

3. Contact ACAS. If the internal grievance process does not fix the issue, your next step is to contact ACAS. ACAS is a free and independent public body that helps resolve employment disputes. You will need to start what is called Early Conciliation. This is a mandatory step. You must notify ACAS before you are even allowed to start a tribunal claim.

4. Go to the Employment Tribunal. If ACAS Early Conciliation is unsuccessful, they will give you a certificate. This certificate allows you to lodge a formal claim with the Employment Tribunal. Going to a tribunal can be very stressful, takes many months to resolve, and carries some risk, so it is usually best treated as a last resort if all other attempts to settle the problem have failed.

I hope this helps put your mind at ease regarding your rights. Please let me know if you would like to explore any of these steps in more detail.