Disability discrimination can be challenged from day one—no matter how new you are, your rights are real and immediate. Chat to Caira now. She answers questions instantly, can read your files and draft statements or emails for you.
Question | Short Answer |
|---|---|
Can I claim discrimination during probation? | Yes, from day one. |
What if my disability affects my performance? | Employer must consider adjustments. |
What evidence do I need? | Medical info helps, but impact is key. |
What compensation is possible? | Injury to feelings, lost earnings, interest. |
Does my employer need to know about my disability? | Yes, for adjustments duty to arise. |
A case you must know: Toheed Hussain v Armstrong Watson Nov 2025
Epileptic accountant dismissed for slower work during probation.
Employer failed to adjust expectations or workload for his disability.
Tribunal found discrimination under Equality Act 2010, section 15.
Compensation awarded: over £24,000 for injury to feelings and lost earnings.
Protection applies from the first day—probation is no shield.
Compensation Breakdown: Toheed Hussain v Armstrong Watson LLP
Injury to feelings: £13,000
Awarded for the distress, hurt, and impact caused by the discrimination.Interest on injury to feelings: £2,174.03
Compensates for the time between the discrimination and the award.Loss of earnings: £8,890.32
Covers wages lost due to dismissal.Interest on loss of earnings: £762.45
Reflects the delay in receiving compensation.
Total compensation awarded: £24,826.79
You are enough and deserve support
If you’re worried about a performance review or sudden dismissal, you’re not alone. Many people with disabilities feel anxious that their condition will be misunderstood or ignored. It’s normal to feel upset, isolated, or even ashamed when your abilities are questioned. But your health, dignity, and strengths matter—and the law recognises this. You deserve respect and support, whether you’ve been in your job for years or just started.
Your Rights Start Immediately
From the moment you begin work, not after probation or after 2 years of service. The Equality Act 2010 protects you from disability discrimination. There’s no waiting period or minimum service needed—your employer must treat you fairly and consider reasonable adjustments right away. If your performance is affected by your disability, your employer is legally required to support you, not penalise you. Probation doesn’t change this; your rights are active from day one.
What Counts as Disability Discrimination?
Disability discrimination isn’t just about outright hostility or name-calling. It includes any unfavourable treatment connected to your disability—especially if your employer fails to make reasonable adjustments. Under section 15 of the Equality Act 2010, it’s unlawful for your employer to penalise you for something that arises from your disability, such as slower work, more absences, or needing extra time. The duty to make reasonable adjustments (sections 20, 21, and 39) means your employer must consider changes to workload, deadlines, or support—before taking action against you.
Practical Steps: If a Performance Review or Termination Letter Arrives
Pause and breathe. It’s natural to feel overwhelmed, but you have options.
If you haven’t already, calmly explain how your condition affects your work. You don’t need to share every detail—just enough to help your manager understand.
Ask for reasonable adjustments: Can your workload, deadlines, or tasks be changed to accommodate your needs?
Keep a record of all meetings, emails, and any requests you make.
If your manager seems unsure, suggest a referral to occupational health for expert advice.
How to Bring Up Your Disability
You might feel nervous, but mentioning your disability is often the first step to getting support. Here are some ways to start the conversation:
“I want to let you know that I have [condition], which can affect my [speed, concentration, accuracy, etc.]. I’d like to discuss reasonable adjustments that could help me perform at my best.”
“Some tasks take me longer because of my dyslexia. I’d appreciate extra time or support with reading and writing.”
“My epilepsy means I sometimes need breaks or flexible hours. Can we talk about how to make this work?”
Common Discrimination Scenarios
Dyslexia: You’re asked why your reports have more typos or take longer to finish. You explain that dyslexia affects your reading and writing speed, and ask for proofreading software or extra time.
Epilepsy: You’re told your efficiency is below target. You share that your seizures and recovery periods slow you down, and request flexible deadlines or task adjustments.
Anxiety or Depression: You’re criticised for missing deadlines or being absent. You explain your mental health condition, and ask for support, such as regular check-ins or a quieter workspace.
ADHD: You’re told you’re not meeting expectations. You mention your ADHD, and ask for structured tasks, reminders, or coaching.
Common Feelings & Reassurance
It’s completely normal to feel guilty, worried, or even ashamed about asking for help at work. But needing adjustments isn’t a weakness—it’s your legal right. You might fear being labelled or judged, but the law is there to protect you from unfair treatment. Many people have successfully challenged discrimination and gone on to thrive in their roles. You are not alone, and your needs are valid.
FAQ Section
Should I mention my disability during a performance review?
Yes, especially if your performance is affected. This triggers your employer’s duty to consider adjustments.What if I’m given a termination letter without warning?
Ask for a meeting, explain your disability, and request a review of reasonable adjustments before any final decision.What if I’m worried about retaliation?
The law protects you from victimisation for raising disability concerns.What if I’m not ready to disclose?
Disclosure is your choice, but your employer’s duty to adjust only arises if they know (or should know) about your disability.
Final Encouragement
Everyone’s journey is unique, and it’s okay to feel overwhelmed or unsure. The law is there to help, but so is your own resilience and self-worth. You’re not alone—help and protection are available. Your strengths matter, and your rights are real. If you’re struggling, remember: you have options, and you deserve to be treated with dignity and respect.
Disclaimer: This article is general information, not legal, financial, tax or health advice.
