If you work for a large employer like the Department for Work and Pensions (DWP), Royal Mail or Tesco and you have a disability or long‑term health condition, you may feel that the system is stacked against you. Policies often look fair on paper, but in practice you are the one triggering absence meetings, capability reviews and uncomfortable conversations about whether you can ''cope''.
This guide is for disabled staff and those with long‑term health conditions working for big employers in England and Wales, UK, with a particular focus on DWP, Royal Mail and Tesco because:
Public analysis shows that DWP has lost more disability discrimination employment tribunals than any other UK employer in recent years.
Royal Mail and Tesco are among the employers with the next‑highest totals of disability discrimination cases lost, even though they each employ more people overall.
It explains, in plain English:
What counts as disability discrimination at work.
How the duty to make reasonable adjustments is supposed to work.
The kinds of patterns that show up in big organisations like DWP, Royal Mail and Tesco.
Practical steps you can take if you think what is happening to you is unlawful.
It is general information, not tailored legal advice, but it should help you read policies, letters and decisions more clearly before you speak to your union, HR or a legal adviser.
1. Why disability discrimination at big employers looks like ''the system'', not one bad manager
In a very small company, disability discrimination might look like one manager making hostile comments or refusing adjustments. At large employers such as DWP, Royal Mail or Tesco, things are usually more complicated.
You might experience:
A rigid attendance‑management policy that keeps pulling you into formal meetings.
Standard letters that do not seem to recognise the impact of your condition.
HR or managers saying ''the system'' or ''the policy'' does not allow flexibility.
Seen individually, each step can look like neutral process. But over time, the combination can:
Exhaust you and make your condition worse.
Put you under pressure to resign or accept unsuitable changes.
Leave you feeling that disability is being treated as a problem to be managed out, rather than an issue to be accommodated.
Tribunal statistics and media investigations show that this is not just in your head. For example, recent analysis by Big Issue and Good Jobs First found that DWP has lost more disability discrimination employment tribunals than any other UK employer over a five‑year period, with Royal Mail and Tesco close behind. That does not mean every manager in those organisations behaves badly, but it does show that disabled staff are repeatedly forced into legal disputes to protect their rights.
Large employers are expected to have robust equality and reasonable adjustment policies. If they fail to follow their own procedures, this can be strong evidence in your favour. Keep a diary of all meetings, triggers, and communications about absence or adjustments.
Understanding how the Equality Act 2010 applies in your situation is the first step to deciding what to do.
2. What counts as disability and disability discrimination under the Equality Act 2010
The Equality Act 2010 protects people from discrimination because of disability. Section 6 of the Act defines disability as:
A physical or mental impairment,
Which has a substantial (more than minor or trivial) and long‑term (likely to last at least 12 months) adverse effect on your ability to carry out normal day‑to‑day activities.
Statutory guidance confirms that mental health conditions and neurodivergence (such as autism or ADHD) are explicitly covered. The employer’s knowledge of your condition is key—if you haven’t told them, their duty may not be triggered.
Conditions often covered include (among many others):
Long‑term mental‑health conditions, such as depression or anxiety.
Neurodivergence, such as autism or ADHD.
Long‑term pain, musculoskeletal and mobility conditions.
Diabetes, epilepsy, MS and other long‑term physical conditions.
Disability discrimination can take several forms, including:
Direct discrimination – being treated worse because you are disabled.
Indirect discrimination – a policy that applies to everyone but puts disabled people at a particular disadvantage, without proper justification.
Discrimination arising from disability – being treated unfavourably because of something that results from your disability (for example, higher sickness absence) where the treatment cannot be justified.
Failure to make reasonable adjustments – not taking reasonable steps to remove or reduce disadvantages you face.
For employees at DWP, Royal Mail and Tesco, most disputes revolve around discrimination arising from disability and reasonable adjustments, especially in relation to attendance, performance and redeployment.
3. The duty to make reasonable adjustments – what it should mean in practice
Where a provision, criterion or practice (PCP), or a physical feature of the workplace, puts you at a substantial disadvantage because of your disability, your employer has a legal duty to make reasonable adjustments. For large employers, this duty is anticipatory—they should plan for disabled staff, not just react.
Reasonable adjustments might include:
Attendance and triggers
Adjusting or pausing sickness‑absence triggers where absences are linked to disability.
Treating certain spells of disability‑related absence differently from ordinary sickness.
Working patterns and location
Allowing part‑time or flexible hours.
Hybrid working or working from home for part of the week.
Adjusting start/finish times to avoid flare‑ups or medication side‑effects.
Role and duties
Reducing heavy lifting or walking.
Reallocating some tasks to others where reasonable.
Considering redeployment into more suitable vacancies.
Support and equipment
Providing screen‑readers, ergonomic chairs or other equipment.
Offering quiet spaces, mentoring or extra supervision.
Employers must pay for reasonable adjustments, and cost alone is rarely a good excuse for big organisations. The fact that a policy is applied to everyone else does not excuse a failure to adjust it for you where the law requires it. Always ask for written confirmation of any adjustments agreed, and follow up if implementation is delayed.
4. How problems tend to appear at DWP, Royal Mail and Tesco
Every case is different, and each employer will point to its policies and training. But published tribunal decisions and media reports suggest some recurring themes.
DWP
Heavy reliance on attendance triggers and targets, even for staff working in emotionally demanding roles.
Disabled staff reporting that adjustments were promised then withdrawn, or not properly implemented.
Cases where managers pressed ahead with capability or disciplinary action despite evidence of disability and Occupational Health recommendations.
Royal Mail
Physically demanding roles where long‑term health conditions affect lifting, walking and outdoor work.
Disputes about whether enough has been done to adjust roles, hours or routes before moving to capability dismissal.
Cases where Royal Mail has been criticised for not doing enough to find alternative work or to modify duties.
Tesco
Large retail and distribution operations with strict scheduling and performance expectations.
Issues about shift patterns, standing, lifting and manual handling for disabled staff.
Allegations that sickness and performance procedures have not properly taken disability into account.
Published tribunal decisions often criticise these employers for failing to follow their own policies or for poor communication between HR, managers, and Occupational Health. Request copies of all relevant policies and your own OH reports.
5. Red flags that your treatment may be unlawful, not just unfair
Not every disagreement about adjustments or attendance is discrimination. However, you should take particular note if you recognise some of these patterns:
Adjustments discussed but never implemented
Occupational Health recommends specific changes but nothing happens.
Promised changes are ''delayed'' for months or quietly dropped.
Rigid trigger use despite known disability
Absences linked to your condition are counted exactly like any other sickness.
Managers say ''policy is policy'' and refuse to consider exceptions.
Disciplinary or capability action without exploring adjustments
You are moved into capability procedures quickly, with little effort to change duties, hours or location.
You are told there are ''no suitable roles'' without evidence of a real search.
Disparaging comments or stereotypes
Remarks implying you are ''unreliable'', ''difficult'' or ''swinging the lead'' because of your condition.
Suggestions you should ''leave if you can’t do the job'' rather than talk about adjustments.
Patterns affecting other disabled staff
Colleagues with disabilities have similar experiences of blocked adjustments, early capability, or being pressured to resign.
If several of these red flags apply, it is sensible to assume that legal issues may be in play, not just a clash of personalities. If you see a pattern of similar treatment across your workplace, this can support a group or collective grievance. Keep a log of all requests for adjustments and the responses received.
6. Practical steps to protect yourself and push for change
You do not have to decide immediately whether to bring a legal claim. The first priority is usually to stabilise your work situation and protect your health.
Steps that often help include:
Clarify your medical position
Speak to your GP or specialist about how your condition affects work.
Ask whether they can support specific changes (hours, duties, location).
Keep copies of fit notes and medical letters.
Request Occupational Health involvement (or a review)
If there has not been an OH assessment, ask for one in writing.
If the last assessment is out of date, ask for a review.
Make sure OH is told about your actual duties and working environment, not just your job title.
Make a clear, written reasonable‑adjustments request
Set out:
Your condition.
The main ways it affects you at work.
The specific adjustments you are asking for (e.g. adjusted triggers, different shifts, redeployment search).
Refer explicitly to the Equality Act 2010 and your employer’s own disability or respect‑at‑work policies.
Always make requests for adjustments in writing and keep copies. If a manager refuses an adjustment, ask for the reasons in writing.
Keep a detailed record
Note dates of meetings, what was said, and any promises made.
Save emails in a separate folder so they are easier to find later.
If something important is agreed verbally, confirm it in an email afterwards.
Use internal routes where possible
Speak to your union representative if you have one – unions at DWP, Royal Mail and Tesco will often have experience of similar cases and can provide template letters or support.
Consider a formal grievance if informal attempts are ignored.
These steps do not guarantee the outcome you want, but they strengthen your position if matters escalate and sometimes prompt managers to slow down and rethink before moving to dismissal or redeployment.
7. External options: ACAS, Employment Tribunal and time limits
If internal processes are not fixing the problem, you may need to think about external routes.
Key points:
Time limits are short.
Discrimination claims usually have a three‑month less one day time limit from the act complained of (or the last in a series of acts).
Starting ACAS Early Conciliation usually pauses the clock, but you must still act promptly.
You do not have to wait for grievances to finish before protecting your tribunal time limit.
Many people run internal and external steps in parallel.
Tribunals look at evidence, not just how you feel.
Policies, emails, OH reports and meeting notes carry weight.
Being able to show you asked clearly for adjustments, and that those requests were not properly considered, is often crucial.
Most disputes settle before a full hearing.
Outcomes can include changes to your role, back pay, compensation or agreed exits.
Settlement agreements usually require you to take independent legal advice, which is a chance to check what you are giving up.
You do not have to wait for a grievance to finish before starting ACAS Early Conciliation. Most cases settle before a hearing, but you should still prepare your evidence as if you will need to prove your case.
8. How a tool like Caira can help you make sense of the paperwork
When you are juggling complex health issues, repeated meetings and thick policy documents, it is easy to feel overwhelmed. That is where a focused tool can help you organise and understand what is happening.
Caira is an AI‑powered, privacy‑first legal assistant for people dealing with law and procedure in England and Wales, UK. It can help you:
Upload attendance letters, reasonable‑adjustment requests, Occupational Health reports, grievance documents and relevant policies as PDFs, Word documents or images.
Ask targeted questions such as:
''What adjustments has Occupational Health actually recommended here?''
''Does this letter follow my employer’s own policy?''
''Where in this policy does it talk about disability or reasonable adjustments?''
Generate draft reasonable‑adjustment requests, grievance letters, notes for meetings with HR or union reps, and questions for legal advisers, so you are not starting from a blank page.
Ask Caira to compare two versions of a policy or OH report side by side – for example, before and after a change – and highlight practical differences.
Caira can highlight differences between policy versions, which is useful if your employer changes its procedures during your case.
Behind the scenes, Caira reads both your uploaded documents and a large internal library of more than 10,000 legal and tax documents focused on England and Wales, then uses generative AI to produce tailored explanations.
From a privacy perspective:
Caira is designed to be privacy‑first – your documents are not used to train public AI models.
Your information is not passed to third‑party human reviewers.
You can try Caira with a 14‑day free trial that takes under a minute to start and does not require a credit card. After that it is an affordable subscription, around £15/month, available 24/7 on your phone, tablet or laptop.
Disclaimer: This article is for general information only and does not constitute financial, legal, tax or medical advice. All information is based on the law and policy in England and Wales as at the date of publication.
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