Specific things to consider in your direct disability discrimination claim

Written by Danae Shell | Jul 24, 2025 2:47:22 PM

Laying out your claim

When you are claiming direct disability discrimination at Tribunal, you want to clearly argue that you have been treated unfairly because of disability. This is usually because of your own disability, but it could also be that you’re perceived to be disabled, or because someone you’re with or connected to is disabled. For example:

During an interview, a job applicant informs the employer that they have multiple sclerosis. The applicant is unsuccessful and the employer offers the job to someone who does not have a disability. This could be direct disability discrimination if the less favourable treatment was because of the applicant’s disability.
A single parent caring for a disabled child has to take time off work whenever their child is sick or has medical appointments. The employer appears to resent the fact that the worker needs to care for their child and eventually dismisses them.
An employer does not short-list an internal applicant for a job because the applicant has helped to set up an informal staff network for disabled workers. This could amount to direct disability discrimination whether or not the applicant themselves is disabled.

With direct disability discrimination, your employer can be liable for the acts of its employees, as well as the employees being personally responsible.

Proving your claim

You don’t need to attach evidence to a Tribunal ET1 claim, but it’s a good idea to back up your claims by mentioning the evidence you intend to use. For direct disability discrimination claims, people typically refer to evidence such as text messages, emails, letters, meeting notes, medical evidence and witness evidence.

What you can ask for in your direct disability discrimination claim

If you’re successful in a Tribunal claim, you will be awarded a “remedy”. This mainly includes financial compensation, like loss of earnings. It can also include some non-financial remedies too.

Common remedies people ask for at Tribunal

Some of the key remedies you can ask for at Tribunal are:

The money you have lost from being out of work, or working in a lower-paid job.
The money that you expect to lose in the future from being out of work, or working in a lower-paid job.
Wages that you are owed, including holiday pay and notice pay.

Discrimination-specific remedies

As well as the common remedies that you can ask for, discrimination-specific claims also have the option to include an “injury to feelings” remedy. This is compensation which you can be awarded when you have been hurt or distressed because you have been discriminated against.

Injury to feelings is generally awarded within one of three “Vento bands” depending on severity.

For example, Jumana, an employee in a dessert shop, only worked there less than three months before she was dismissed by a text message from her line manager. Jumana had diabetes which meant that she had to take insulin injections on a regular basis. Her line manager told her in the text “I think you need to find a job more suitable to your health requirements”. Jumana told the Tribunal that she felt worthless and afraid that she would never find a job again. She was awarded £5,000, plus an ACAS uplift and interest, for injury to feelings.

Real direct disability discrimination cases you can learn from

Summary: a police officer was refused a transfer because the Acting Chief Inspector believed her hearing might deteriorate in the future, making it difficult for her to carry out front-line duties.

Total award: £26,616.05

Outcome: the police officer was successful in her claim of direct disability discrimination by perception. Even though the Acting Chief Inspector did not believe the officer was disabled at the time, the fact that she refused the transfer because of what she thought might happen in the future was enough to amount to direct discrimination.

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Summary: a job applicant was not hired due to the fact that he had been absent from his previous job for more than four months with mental health issues.

Total award: £4,410

Outcome: the Tribunal found that one of the reasons why the employer rejected the applicant was because of his mental health disability. This amounted to direct disability discrimination. He was also successful in a claim for disability victimisation, due to the fact that the interviewers were worried about his history of having raised grievances and a Tribunal claim against his previous employer.