Disabled employee provisions

Category: Sickness absence and disability · Reviewed by Simon Temme, Account Executive · Last reviewed 2026-06-10

The principal UK statutory provisions for disabled employees are: (i) the Equality Act 2010 protections against direct and indirect discrimination, discrimination arising from disability, harassment, victimisation and failure to make reasonable adjustments; (ii) the Access to Work scheme administered by the Department for Work and Pensions, which can fund equipment, transport, support workers and reasonable adjustments; (iii) employment protections including the right not to be unfairly dismissed; and (iv) tax exemptions for employer-funded disability-related expenditure.

Category: Sickness absence and disability Also known as: Statutory provisions for disabled employees Related concepts: Equality Act 2010 disability provisions, Reasonable adjustments Equality Act 2010, Long Covid as disability

Definition

A disabled employee under section 6 EqA 2010 is one with a physical or mental impairment having a substantial and long-term adverse effect on ability to carry out normal day-to-day activities. Employer obligations include both anti-discrimination duties and the proactive duty to make reasonable adjustments.

Legal / Regulatory basis

Equality Act 2010 (ss.4–28, 39–60); Employment Rights Act 1996 (unfair dismissal); Income Tax (Earnings and Pensions) Act 2003 (tax exemptions for disability-related expenditure including ss.210 and 247); Welfare Reform Act 2007 (ESA); Disability Confident Employer scheme (DWP voluntary scheme); Public Sector Equality Duty under s.149 EqA 2010 for public bodies.

Scope of cover

Provisions cover recruitment, terms of employment, promotion, training, dismissal, employee benefits (subject to the limited Schedule 3 exceptions for insurance) and continuing services. Access to Work funding may be available where employer-funded adjustments alone would not be sufficient.

Practical example

An employee with a visual impairment requires screen reader software, an adjusted workstation, large monitors, and a designated quiet space. The employer funds the adjustments under the reasonable adjustments duty; the employee additionally applies for Access to Work for transport support to and from the office. The combined package satisfies the employer’s EqA 2010 duty and supports the employee in productive work.

See also

References

  1. Equality Act 2010 — https://www.legislation.gov.uk/ukpga/2010/15
  2. Employment Rights Act 1996 — https://www.legislation.gov.uk/ukpga/1996/18
  3. Income Tax (Earnings and Pensions) Act 2003 — https://www.legislation.gov.uk/ukpga/2003/1
  4. Department for Work and Pensions, Access to Work — https://www.gov.uk/access-to-work
  5. Department for Work and Pensions, Disability Confident scheme — https://www.gov.uk/disability-confident

This entry is part of the Apex Insurance Wiki. Last reviewed by Matt Bartlett on 2026-06-10. Next review: 2026-12-10.

Apex Insurance Brokers Limited. Authorised and regulated by the Financial Conduct Authority, FRN 724952. Registered in England and Wales, Companies House 07014570. This entry provides general information about UK insurance concepts and is not regulated advice. Consult your insurance broker on your specific position.

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