Disability Discrimination Employment Tribunal Claim (2026 Guide) | eLitigant

Disability discrimination in the workplace is one of the most common reasons people bring a claim to the Employment Tribunal. If your employer has treated you unfairly because of your disability — or failed to make reasonable adjustments that would have allowed you to remain in work — you may have a strong legal basis for a claim. This guide explains what you need to know before you file your ET1, how to complete it correctly, and what to expect from the process.

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When Do You Need to File a Disability Discrimination Claim?

You need to file an ET1 claim when your employer has treated you less favourably because of your disability, or because of something arising in consequence of your disability, and you have been unable to resolve the matter informally or through ACAS early conciliation.

Common situations that lead to a disability discrimination claim include:

• Dismissal related to disability-related absence, capability, or adjustment failure
• Failure to make reasonable adjustments — where your employer did not change working arrangements, equipment, or policies to remove a disadvantage you faced
• Disciplinary action taken without accounting for the impact of your disability
• Demotion, restructuring, or redundancy selection where your disability was a factor
• Harassment related to your disability by colleagues or management
• Victimisation after you raised a disability-related complaint

Before you can file your ET1, you must first complete ACAS early conciliation. This is a legal requirement, and you will need your ACAS early conciliation certificate number before submitting your claim. The conciliation process pauses your claim deadline while it is ongoing, but you must initiate it promptly — do not leave it to the last moment.

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What a Disability Discrimination Claim Involves

A disability discrimination claim under the Equality Act 2010 has several distinct legal routes. Understanding which applies to your situation determines how you frame your ET1.

Direct discrimination (section 13): Your employer treated you less favourably than it would treat someone without a disability, and your disability was the reason. Intent does not need to be proved — the outcome is what matters.

Indirect discrimination (section 19): Your employer applied a provision, criterion, or practice (a PCP) that put disabled people at a particular disadvantage compared with non-disabled people, and there was no objective justification for it.

Discrimination arising from disability (section 15): Your employer treated you unfavourably because of something that arose in consequence of your disability. This is broader than direct discrimination — your employer does not need to have known it was treating you differently on grounds of disability, only that the unfavourable treatment related to a consequence of your condition.

Failure to make reasonable adjustments (sections 20–21): Where your employer applied a PCP, a physical feature of the premises, or the absence of an auxiliary aid that put you at a substantial disadvantage, your employer was under a duty to take reasonable steps to avoid that disadvantage. Failure to do so is unlawful.

Harassment (section 26) and victimisation (section 27) are also available where the facts support those claims.

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How to Complete Your ET1 for Disability Discrimination: Step by Step

The ET1 is your formal claim form. It is submitted online via the Employment Tribunal Service. The information you provide shapes the entire case, so accuracy and completeness matter from the outset.

Step 1 — Confirm your personal and respondent details

Section 1 asks for your full name, address, and contact details. Section 2 asks for the respondent’s details — this is normally your employer. Use the exact registered company name (check Companies House if needed) and the correct address. Getting the respondent’s name wrong can delay proceedings or require an amendment.

Step 2 — Confirm your employment details

You will be asked whether you are, or were, an employee, worker, or self-employed. Disability discrimination claims under the Equality Act 2010 can be brought by employees, workers, and — in some circumstances — job applicants. State your start date, end date (if applicable), and whether you are still employed.

Step 3 — Select the correct type of claim

In the “Type of Claim” section, tick “Equality Act (including equal pay)” and confirm that you are bringing a claim for disability discrimination. You can bring multiple types of claim on the same ET1 — for example, unfair dismissal and disability discrimination. If you are doing so, tick all that apply.

Step 4 — Write your particulars of claim

This is the most important section. You must set out, in plain terms, the facts that give rise to each legal claim you are making. Work through it chronologically:

• When did the events begin? Describe the background — your role, your disability, and when your employer first became (or should have become) aware of it.
• Set out each act or failure that forms part of your claim. For a failure to make reasonable adjustments, identify the specific PCP your employer applied, explain the substantial disadvantage it caused you, and state what adjustment you requested (or that should have been obvious) and what your employer failed to do.
• For direct or indirect discrimination, state the comparator — either an actual colleague or a hypothetical person without your disability — and explain how you were treated differently or more disadvantageously.
• For discrimination arising from disability, explain the consequence of your disability that your employer knew or ought to have known about, and describe the unfavourable treatment that followed.
• Include dates, names of individuals involved, and references to any internal documents such as occupational health reports, adjustment requests, or performance improvement plans.

Step 5 — State the remedy you are seeking

Specify whether you are seeking compensation, a recommendation, a declaration, or reinstatement. Most claimants seek compensation. You are not required to give a precise figure at this stage, but you can indicate a range or state that you reserve the right to quantify loss.

Step 6 — Check your certificate number

You must enter your ACAS early conciliation certificate number in the designated field. Without it, your ET1 will not be accepted.

Step 7 — Review before submission

Read every section carefully before you submit. Once the ET1 is received, the tribunal will send a copy to your employer (the respondent), who will file an ET3 response. Mistakes in your ET1 can be exploited and can narrow the scope of your case. If you are uncertain, take the time to get your particulars right.

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Key Deadlines

The standard time limit for an Employment Tribunal claim is three months less one day from the date of the act complained of. For a continuing course of conduct, time runs from the last act in that series.

For example, if your employer dismissed you on 1 June 2026, your deadline to submit an ET1 (after ACAS conciliation) is 31 August 2026. Initiate ACAS early conciliation before that date — the conciliation period pauses your deadline.

The tribunal has a limited discretion to extend time where it was not reasonably practicable to bring the claim in time, but this is narrowly applied and you should not rely on it. Missing your deadline is one of the most common and most serious mistakes claimants make.

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What Happens After You File?

Once your ET1 is accepted, the Employment Tribunal will:

1. Send a copy of your ET1 to the respondent and give them 28 days to file an ET3 response.
2. Consider whether your claim passes an initial sift — this ensures the claim has a reasonable prospect of success.
3. Issue a case management order, which may include a preliminary hearing to determine whether you meet the legal definition of disability under section 6 of the Equality Act 2010.
4. Set a final hearing date, where you will present your evidence and the respondent will present theirs.

At a preliminary hearing on disability status, the tribunal will assess whether your physical or mental impairment has a substantial and long-term adverse effect on your ability to carry out normal day-to-day activities. You should gather medical evidence early — GP letters, specialist reports, occupational health assessments, and any Access to Work assessments.

Most cases settle before the final hearing, either through ACAS or by direct negotiation. However, you must prepare your case as though it will go to a full hearing.

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Common Mistakes

1. Missing the three-month deadline
This is the most frequently fatal error. Always calculate your deadline from the earliest potentially discriminatory act, initiate ACAS early conciliation well in advance, and track the conciliation stop date carefully.

2. Failing to identify the correct legal route
Many claimants write factual narratives without identifying which provision of the Equality Act 2010 applies. The tribunal needs to know whether you are bringing a section 15, section 21, or section 13 claim — or all three. Name the provision.

3. Not identifying the PCP
For reasonable adjustments and indirect discrimination claims, you must state the specific provision, criterion, or practice your employer applied. Vague descriptions such as “company policy” are insufficient. Name the policy, rule, or working arrangement.

4. Underestimating the disability threshold
Some claimants assume their condition automatically qualifies. You must show that your impairment has a substantial (more than minor or trivial) and long-term (lasting or likely to last at least 12 months, or likely to recur) adverse effect on normal day-to-day activities. Gather medical evidence before the preliminary hearing.

5. Naming the wrong respondent
Always use the employer’s full legal name. If you worked for a subsidiary, check whether the correct respondent is the subsidiary or the parent company. You can add respondents later but it creates delay.

6. Omitting the ACAS certificate number
Your ET1 will be rejected without it. Initiate early conciliation first and record your certificate number before you begin the online form.

7. Writing conclusions instead of facts
Phrases like “my employer discriminated against me” do not constitute a particulars of claim. Set out the facts — what happened, when, and who was involved — and let those facts support the legal conclusions you draw.

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Disability Discrimination and the Equality Act 2010

The Equality Act 2010 consolidated and replaced earlier legislation including the Disability Discrimination Act 1995. Disability is one of nine protected characteristics under the Act.

Section 6 — Definition of disability
A person has a disability if they have a physical or mental impairment that has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities. Some conditions are automatically deemed disabilities under the Act, including cancer, HIV infection, and multiple sclerosis, from the point of diagnosis.

The PCP test
A provision, criterion, or practice covers a wide range of employer conduct — from formal written policies to informal working arrangements and one-off decisions. If a PCP puts a disabled person at a substantial disadvantage compared with a non-disabled person, and the employer has not made a reasonable adjustment to remove that disadvantage, the employer will have breached the duty.

The duty to make reasonable adjustments
Reasonableness is assessed in light of factors including the nature and cost of the adjustment, the employer’s resources, the disruption caused, and the effectiveness of the proposed change. Employers are not required to guarantee that the adjustment will work, but they are required to take reasonable steps. If your employer never asked what adjustments you needed, or dismissed occupational health recommendations without explanation, that is relevant evidence.

The knowledge requirement
Your employer must have actual or constructive knowledge of your disability before the duty to make reasonable adjustments arises. If you believe your employer ought to have known — for example, because of prolonged absence, a referral to occupational health, or visible symptoms — document that evidence carefully.

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How Chris Can Help You

Completing an ET1 for disability discrimination is not simply a form-filling exercise. The legal framework requires you to identify the correct statutory provision, articulate the disadvantage you suffered, and present your facts in a way that a tribunal will accept. Chris works through your case from the beginning — identifying which Equality Act routes apply, helping you draft your particulars of claim to the Litigant Standard™, and ensuring your deadlines and procedural obligations are met. Every document Chris produces is checked for accuracy, structure, and legal coherence before it is placed in your hands.

Whether you need a complete ET1 drafting service or full case support from first form to final hearing, Chris delivers barrister-grade documentation without the barrister’s fees. You retain full control — you check, sign, and submit everything yourself. No legal advice is given, and no representation is provided. What you receive is a professionally drafted document, built around your facts, that gives you the best possible foundation for your claim.

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Frequently Asked Questions

Q: Does my condition automatically qualify as a disability under the Equality Act 2010?

A: Not automatically, unless it is one of the deemed conditions such as cancer, HIV, or multiple sclerosis. For most conditions, you must show that your impairment has a substantial and long-term adverse effect on your ability to carry out normal day-to-day activities. Gather medical evidence early and be prepared to address this at a preliminary hearing.

Q: My employer says they did not know about my disability. Does that end my claim?

A: Not necessarily. The duty to make reasonable adjustments requires actual or constructive knowledge. If your employer ought reasonably to have known about your disability — because of prolonged absence, referrals to occupational health, or observable symptoms — the tribunal may find constructive knowledge. Document everything that put your employer on notice.

Q: Can I bring both an unfair dismissal claim and a disability discrimination claim on the same ET1?

A: Yes. You can bring multiple claims on a single ET1 provided they all arise from the same employment relationship or connected events. Many disability discrimination claims are brought alongside unfair dismissal, wrongful dismissal, or whistleblowing claims. Tick all applicable claim types on the form.

Q: What counts as a reasonable adjustment?

A: Reasonable adjustments include changes to working hours or patterns, provision of specialised equipment, reallocation of duties, phased return to work after absence, changes to workplace layout, and many others. Whether an adjustment is reasonable depends on its effectiveness, its cost relative to the employer’s resources, and the practicality of implementation. Employers cannot refuse adjustments simply because they are inconvenient.

Q: What compensation can I receive if my claim succeeds?

A: The Employment Tribunal can award compensation for financial loss (including past and future earnings), injury to feelings, and personal injury where it results from the discrimination. There is no statutory cap on compensation for discrimination claims. Awards for injury to feelings are assessed using the Vento bands, which are updated periodically. Interest may also be awarded on all elements of a compensatory award.