Written in August 2025
During the course of my work I am sometimes shocked to find that companies are breaking the law with zero regard for their (legal) duty of care or for the wellbeing of their employees. I’m talking about a failure to provide reasonable adjustments by insisting that the employee submits evidence of a diagnosis.
The Equality Act (2010) does not require employees to prove any diagnosis, nor to provide their employer with medical records or any other private information in order to be protected by the Act. Refusing to make reasonable adjustments without medical evidence is illegal, yet businesses are still doing it.
When it comes to disabilities and long term health conditions no two people have the same experience, nor the same challenges and strengths. My autism gives me incredible visual processing skills, but other autistic people may need longer to process visual information.
Effectively, in a job monitoring CCTV I would not need any particular adjustment for visual processing, and I would probably be quite good at it. The other hypothetical autistic person might need the footage to be slowed down, or to take frequent screen breaks.
We both have the same diagnosis on paper, but different needs. This is the essence of the law; it is not the label, the diagnosis, the neurotype (whatever you want to call it) that matters, it is the effect.
The following quote comes from the guidance that accompanied the Disability Discrimination Act:
“It not necessary to consider how an impairment is caused, even if the cause is a consequence of a condition which is excluded[…] What it is important to consider the effect of an impairment, not its cause.”
Leaving aside the formal and stigmatising language for a second, it’s not what you have or who you are that matters, it is the effect of this on your ability to participate on an equal basis with others who are not affected in that same way (even if they have the same condition).
The legal case linked below is a good precedent to use, and I would recommend citing this in any dispute with a workplace over their duty to make reasonable adjustments. I would also advise using ACAS (Advisory, Conciliation and Arbitration Service) or joining a union for help and representation if and when you need it.
https://www.bailii.org/uk/cases/UKEAT/2013/0097_12_0802.html