How the law protects you after a dementia diagnosis

How the law protects you from discrimination following a dementia diagnosis

If you have been diagnosed with dementia, you will be protected from discrimination by The Equality Act 2010 in England and Wales. In Northern Ireland, this is the Disability Discrimination Act 1995.

These Acts protect people from being treated unfairly at work if they have a ‘disability’, which can include dementia. They cover areas such as:

• recruitment
• terms of employment, including pay
• performance in the role
• promotion
• dismissal, including selection for redundancy

These laws also give employers a duty to make ‘reasonable adjustments’ so that people with a disability can continue to work. This includes people with dementia.

Reasonable adjustments

Your employer has to make ‘reasonable adjustments’ in the workplace to help you carry on working. This might include making changes to your role.

The decision about what counts as ‘reasonable’ will depend on your specific situation, including:

• how practical the changes are
• how much they cost
• the size of the organisation you work for
• the type of adjustment.

The adjustment must be needed to make sure you are not at a disadvantage compared with your colleagues.

Employers only have to make adjustments if they know about your diagnosis or could reasonably be expected to know about it.

You can also apply for funding from a government scheme called Access to Work. This scheme provides support and funding for people with a disability if they need help at work that isn’t covered by reasonable adjustments.

This might pay for special equipment or computer software to help you do your job. It might also pay for any help you need getting to and from work. 

Being asked to leave your job

The law protects you from being forced to leave work or chosen for redundancy just because you have dementia. Some people have said they were sacked after telling their employer about their condition. 

If your employer forces you to leave without considering reasonable adjustments to support you, this may be ‘unfair dismissal’. It could also be discrimination.

It could be ‘constructive dismissal’ if your employer makes things so difficult that you feel you have to leave. If you think you were pushed out unfairly because of your dementia, you may be able to challenge the actions of your employer.

If you want to take legal action through an employment tribunal, you should do so as soon as possible after dismissal. This is because there are strict time limits for starting the process.

For dismissal on or after 1 October 2026, it will usually be within six months after dismissal but you should always get advice about the time limit in your case.

If you intend to make a claim to the tribunal, you have to notify Acas (Advisory, Conciliation and Arbitration Service). They will give you the option of ‘early conciliation’. 

This means ACAS will talk to both you and your employer about your dispute. It gives you the chance to come to an agreement without having to go to the tribunal. This service is free.

In Northern Ireland, you would need to notify the Labour Relations Agency.

Applying for a job

The law also protects you when applying for jobs. Perhaps you weren’t working when you received your diagnosis, but you were planning to apply for a job. Or maybe you can’t keep working in your current position and you are looking to apply for a different or part-time role.

If you want to apply for a job, the law protects you from being discriminated against during the application process.

If the employer knows, or should reasonably know, that you have dementia, they must try to ensure that you are not at a disadvantage. This means making reasonable adjustments to their application and interview processes.

It also means that employers cannot reject you simply because you have a disability. They would need to justify why having dementia makes you unsuitable.

You may be able to ask a disability employment adviser at your local Jobcentre Plus for advice about looking for work and applying for jobs.