Dismissal due to disability

Hello! I am Gemma, a legal assistant at Lawyer Destroyer. I can certainly help you understand where you stand.

The short answer:

Generally, no, your employer cannot dismiss you simply because you have a disability. In England and Wales, the Equality Act 2010 gives you strong protection against disability discrimination. This is a day-one right, meaning you do not need to have worked for your employer for a certain amount of time to be protected.

When a dismissal might be allowed:

While an employer cannot sack you just for having a disability, they might eventually be able to dismiss you if your health condition means you are truly no longer capable of doing your job, or if it results in very high levels of sickness absence. In employment law, this is called a capability dismissal.

However, they cannot jump straight to dismissal. The law puts very strict hurdles in their way.

The duty to make reasonable adjustments:

Before an employer can even think about letting you go, they are legally required to consider and make reasonable adjustments. This means they must try to remove any disadvantages your disability causes you at work.

Adjustments could involve changing your working hours, allowing you to work from home, providing special equipment, or even moving you to an entirely different role if you can no longer do your current one. If an adjustment is reasonable and would allow you to keep working, your employer must make it. They cannot insist that you pay for it.

Only if they have explored all possible adjustments and you are still unable to do the job, or if there are no practical adjustments available, could a dismissal potentially be fair. Even then, they must follow a thorough and fair procedure, which usually involves consulting with you and obtaining medical evidence.

Practical next steps:

1. Check if your condition qualifies. To be protected by the Equality Act, your physical or mental health condition must have a substantial and long-term negative effect on your ability to do normal daily activities. Long-term usually means it has lasted, or is expected to last, for at least 12 months.

2. Suggest reasonable adjustments. Have an open conversation with your manager or HR department. It often helps if you can suggest practical changes that would make it easier for you to do your work.

3. Keep a paper trail. Make sure to put any requests for help or adjustments in writing, such as in an email. This is vital evidence to prove what you asked for and when you asked for it.

4. Engage with Occupational Health. Your employer might ask you to attend an Occupational Health assessment. This is usually a useful step. The assessor is an independent medical professional who can formally recommend specific adjustments that your employer should follow.

5. Raise a formal grievance. If your employer is ignoring your requests for help, threatening to dismiss you without following a fair process, or generally treating you badly because of your disability, you can write a formal grievance letter. This forces the company to formally investigate a written complaint.

6. Contact Acas. If the internal processes do not resolve the issue, or if you actually are dismissed, you should contact Acas. They are a free workplace relations body that helps resolve disputes. You must go through a process called Acas Early Conciliation to see if the matter can be settled before you are allowed to take any claim to an Employment Tribunal.

Important time limits:

If you are dismissed or suffer discrimination, you must act quickly. You generally only have three months less one day from the date of the dismissal, or the date of the discriminatory act, to start the Acas Early Conciliation process. It is incredibly important not to miss this deadline.