Unseen Barriers, Real Consequences

Introduction

Disability discrimination in the workplace is often subtle, systemic, and deeply damaging. Despite legal frameworks such as the Equality Act 2010, real-world experiences—from tribunal rulings to powerful personal testimonies—underscore how far many UK workplaces still fall short.

1. A Culture of Silence and Overwhelm

A recent survey by the British Medical Association (BMA) revealed that one in three disabled or neurodivergent doctors working in the NHS have experienced bullying or harassment by colleagues. Notably, 73% struggled to obtain legally mandated reasonable adjustments, and some were forced to use their own leave or funds to cover them. Many considered leaving the profession due to lack of support. As Dr Alice Gatenby, who lives with epilepsy and cannot work night shifts, lamented: “I’ve had senior colleagues say to my face, ‘You’re not a real doctor’.”1

Despite disclosing their disabilities, only 34% saw improved support, pointing to a broader culture of stigma and systemic neglect.1

2. Micro-Aggressions, Macroscopic Impact

Not all discrimination is overt—sometimes, it's a sigh in the corner, a raised eyebrow, or a snide comment that eats away at someone's confidence. In a landmark Employment Tribunal case, Robert Watson—a software engineer diagnosed with ADHD—successfully claimed disability discrimination against his employer, Roke Manor Research, due to his manager's habitual nonverbal expressions of frustration—including sighing and exaggerated breath-outs whenever Watson’s focus and timekeeping faltered. The tribunal found that these nonverbal behaviours constituted discrimination, as they stemmed from aspects arising directly from his disability.2 The ruling served as a poignant reminder: discrimination need not be verbal to be harmful.2

3. Sensory Overload Meets Employer Inertia

In another telling case, Peloton Interactive UK faced claims from Ciaran Saunders, an autistic part-time concierge, who was overwhelmed by the studio’s atmosphere—loud music, strong fragrances, and bright lights. While the tribunal acknowledged that lowering the music volume would undermine Peloton’s brand, it held that the company failed to make reasonable adjustments, such as offering a quieter back-office trial.3 Sensory needs, even when challenged by brand identity, must be accommodated.

4. Devastating Consequences for Public-Sector Workers

Perhaps one of the most powerful cases involved a former senior public services executive with ADHD and PTSD, employed by the London Borough of Hammersmith and Fulham. Overwhelmed by her role’s demands and the subsequent lack of reasonable adjustments during probation, she suffered a breakdown. The tribunal awarded her nearly £4.6 million—one of the largest such awards ever—for disability discrimination and harassment. Among the damages were compensation for past and future losses, pension loss, psychiatric injury, and exemplary damages against the council for attempts to mislead the tribunal.4

5. Tokenism Isn’t Inclusion

Expanding beyond tribunals, public figures recount the lived reality of discrimination. Comedian Rosie Jones, reflecting on her early career in television production, recounted how she was tokenised—praised more for her presence than her work—and encountered basic accessibility failures, from broken lifts to cluttered accessible toilets. She notes that while ableism was not a word she initially understood, the impact was clear. Only now, as an established public figure and advocate, does she push for systemic change through accessibility roles and production training.5

6. The Finance Sector: Invisible Barriers at Senior Levels

Even in high-achieving spheres like finance, disabled professionals describe an uphill battle. Disabled executives from firms such as PwC, Page Group, and others shared stories of being passed over for promotion, facing unconscious bias, or working in roles modified ad hoc rather than systematically. ADHD support turned one neurodivergent employee’s career around—but structural change remains limited.6 Meanwhile, new legislation requiring disability pay gap reporting may push the sector toward greater accountability.

7. Tribunal Case Law: Uneven Terrain

Several tribunal and appellate decisions illustrate the legal terrain around disability discrimination and reasonable adjustments:

• Kirsty, a mobile supervisor with sciatica, won an employment tribunal for her employer’s failure to make reasonable adjustments—specifically, she could not drive long distances or navigate vans without accommodations.7

• In Mr P Brittain v Nottingham City Homes, the tribunal found in favour of Mr Brittain on grounds of discrimination arising from disability and failure to make reasonable adjustments, ordering compensation for tribunal fees.8

• Nottingham City Transport Ltd v Harvey (2012) saw the Employment Appeal Tribunal quash a discrimination finding on the basis that a one-off disciplinary process didn’t constitute a “provision, criterion or practice” (PCP)—narrowing the scope of what counts as a systemic disadvantage requiring adjustment.9

• Historic jurisprudence, such as Archibald v Fife Council (2004), imposed on employers a duty to consider transferring disabled employees to vacancies even without competition.10 But in O’Hanlon v HMRC (2007), courts held that changing sick-pay schemes may be an unreasonable adjustment if too costly.11

• Eagle Place Services Ltd v Rudd (2009) reinforced that employers cannot dismiss a disabled employee for making adjustments that would not lead to dismissal of a non-disabled comparator.12

8. Rising Claims, Lingering Friction

Research by NatCen for Acas confirms an increasing trend in disability discrimination claims across recruitment, employment, and dismissal. Common driver: failure to provide reasonable adjustments—or delays in doing so—combined with poor communication during management transitions or absence management. The findings emphasise the importance of “meaningful conversations between line managers and employees” as a key preventive step.13

Conclusion

Legal protections alone are not sufficient. The real battleground is everyday workplace culture—from micro‑expressions to systemic exclusion. The experiences of NHS professionals, public servants, autistic workers in fitness studios, and media creatives, such as Rosie Jones, reveal barriers often hidden beneath corporate structures.

Ensuring disability inclusion requires more than compliance: it demands empathy, adaptability, proactive conversation, and an embrace of lived difference—not mere tolerance, but genuine belonging.

Sources

1. BMA survey of disabled doctors—bullying, lack of adjustments, quotes from Dr. Gatenby. (The Times, The Guardian, The Times, Blake Morgan, Financial Times, FNLondon, valla.uk, GOV.UK, CaseMine, Wikipedia, Wikipedia, National Centre for Social Research)

2. Tribunal ruling: nonverbal sighing as discrimination (Roke Manor Research, Robert Watson). (The Guardian)

3. Peloton case: autistic concierge and sensory environment. (The Times)

4. Wright‑Turner v London Borough of Hammersmith and Fulham: £4.6 million award. (Blake Morgan)

5. Rosie Jones on tokenism and ableism in workplace. (Financial Times)

6. Disabled senior finance professionals facing biases and access barriers. (FNLondon)

7. Valla example – Kirsty’s case of sciatica and failure to adjust. (valla.uk)

8. Mr P Brittain v Nottingham City Homes – tribunal win. (GOV.UK)

9. Nottingham City Transport Ltd v Harvey – EAT narrowing PCP scope. (CaseMine)

10. Archibald v Fife Council – duty to transfer without competition. (Wikipedia)

11. O’Hanlon v HMRC – sick‑pay rules and cost-based adjustments. (Wikipedia)

12. Eagle Place Services Ltd v Rudd – dismissal for disability adjustments unlawful. (Wikipedia)

13. NatCen and Acas research – rising claims and need for meaningful dialogue. (National Centre for Social Research)