Your legal protection from discrimination at work as someone with a visible difference

I don’t have any proof. What if it’s my word against theirs?

This is a common worry for many people, because most people who bring a claim aren’t able to produce documentary proof (for example, a letter stating that you were turned down for a visible difference) showing clearly that a particular negative treatment was because of their severe disfigurement. Few employers openly admit discriminatory intentions.

However, documentary proof is not always needed for a successful claim. For example, if it appears that you have been treated less favourably because of a severe disfigurement, in that something has happened for no good reason, your employer may have to explain why it happened. The legal rules on proof are complex but your legal adviser will be able to explain how they apply to your situation.

I don’t think my visible difference is a severe disfigurement. What are my options?

Even if you don’t have a severe disfigurement, you may still have other legal rights that can help you.

One possible route is to show that, although your visible difference is not a severe disfigurement, the person discriminating against you perceived it to be. For example, if you were removed from a customer-facing role because of your employer’s perception of your visible difference, you may still be able to bring a discrimination claim under equality law.

Alternatively, there are other types of rights which may apply in different contexts without needing to show a severe disfigurement or discrimination – such as the right not to be unfairly dismissed, the right not to be subjected to a course of bullying, the right not to suffer certain disadvantages at work for particular reasons and so on. These and other rights will depend on the factual context. Your legal adviser will be able to consider all possible rights and routes which might be relevant to your situation.

So, if you feel badly treated and you think that this is due to your visible difference, you should still take legal advice immediately even if you think your visible difference would not count as a severe disfigurement.

I’ve been treated badly because someone close to me has a severe disfigurement. What can I do?

You may still be able to bring a discrimination claim. Some rights under the Equality Act 2010 can apply where the discriminatory treatment you have suffered relates to the severe disfigurement of someone you are associated with, such as a member of your family or a close friend. Seek legal advice straight away.

What is the duty to make reasonable adjustments?

As we explain above, where an employer knows (or ought reasonably to know) that a worker has a disability and is being put at a substantial disadvantage compared with other people by some kind of practice or physical feature of the premises, they must make reasonable adjustments to avoid the disadvantage. What is reasonable is determined on a case-by-case basis and might be influenced by factors including:

• How well the adjustment would have worked.
• How practicable the adjustment is/was.
• The costs of making the adjustment, and the extent to which it would disrupt your employer’s business.
• The employer’s resources (a well-funded employer might be required to do more to meet their duty) and whether financial assistance is available to them.
• The nature and size of the employer’s business.

It is very useful for the worker with the severe disfigurement to have a say in any proposed adjustments. What is difficult for one person may not be a problem for another and not everyone will need or want reasonable adjustments for looking different. Your employer does not necessarily have to agree to all of your requested adjustments and may sometimes suggest alternatives. Seek legal advice immediately if you feel your employer is being unreasonable in refusing adjustments.

What kind of adjustments might be appropriate for someone with a severe disfigurement?

This very much depends on the context and your preferences. Some examples appropriate for some people with severe disfigurements might include:

1. Adjustments to any particular aspects of the role which a worker finds difficult due to visible difference. Examples which some (but not all) people might find difficult are public speaking commitments, being videoed or networking events meeting new people. Supporting the worker with these aspects or adjusting the job content slightly to reduce the need for these aspects could be considered if required.
2. Adjustments to recruitment processes to remove video interview requirements.
3. Removing requirements for the worker to have a photograph at work, for example, on email headers or work social media profiles. If photographs are essential, could the worker be allowed to bring one from home?
4. Support the worker with any changes to their workstation, for example, alterations to lighting may make some workers feel more comfortable.
5. Time off for the worker to access specialist external training, if desired, to build confidence and develop techniques to help you respond to awkward situations.
6. Flexible working – for example, flexible start and finish times to avoid busy public transport, breaks to touch up camouflage make-up or apply medication, or the ability to work from home during a flare-up.
7. A mentor that the worker can speak to confidentially at work if problems arise.
8. Support around any information processes to colleagues – this may be relevant when a worker first joins or after a change in their appearance.
9. Adjustments to uniform/grooming requirements. Sometimes workers may prefer a uniform which covers up certain areas of their body (for example, a long-sleeved top rather than a short-sleeved top, or thick tights rather than socks) or a uniform of a different colour to hide flaking skin. Loose clothing can be helpful for people with some conditions. Requirements to wear make-up (or rules preventing the same) can also be difficult for some employees with a visible difference and should be adapted if required.
10. Adjustments to any Teams/Zoom policy to allow the worker to have their camera off if they prefer.

Again, these are examples only and assumptions should be avoided. If you have a physiotherapist or occupational therapist, they may be able to suggest adjustments appropriate to your context.  If your condition also meets the general definition of disability, the duty to make reasonable adjustments should be considered more widely too.

If I apply for a new job, do I need to disclose my disfigurement on my application?

Not always. Before deciding who to offer a job to, an employer shouldn’t usually ask health-related questions (although there are some exceptions when this is permitted).

One permitted exception when employers can ask health questions during recruitment is when the employer needs to ask about any adjustments required for interview. If you need any adjustments during the recruitment process related to your disfigurement, you may need to disclose your disfigurement on the form.

Another permitted exception is where an employer needs to monitor applicants as part of its diversity commitment – but information obtained for this reason should then not be taken into account in the recruitment process itself. For detail about the other occasions when it’s OK for an employer to ask about your health before offering a job, read the government guidance on this point.

Some job applicants choose to disclose a disfigurement. There probably isn’t one “right” approach here and it is more about what feels most comfortable or appropriate for you and your situation. Some people may feel more comfortable on the day of interview if they have mentioned their disfigurement in advance. Some may use it as an opportunity to explain that their disfigurement doesn’t hold them back (perhaps via a small familiarisation video). And some may choose to disclose in order to use a guaranteed interview scheme (if available). Others may feel that disclosing before interview makes their appearance, rather than their skills, too much of a focus and that this may count against them.

If you do choose to volunteer information about your disfigurement (as opposed to answering permitted questions such as those set out above), unless a guaranteed interview scheme applies, we usually suggest that you wait until after you are shortlisted for interview before doing so. This is so that you can be clear that disclosing your visible difference on your application form has not affected or reduced your chance of being interviewed.

Once a decision to appoint has been made in principle, some employers may make a job offer conditional upon satisfactory answers to relevant health checks (often via a medical questionnaire). These should be answered honestly. The employer must not use this information as a basis for discriminating against you.

Sometimes customers or suppliers from outside my company verbally abuse me because of my visible difference. What can I do?

We should all be able to do our jobs without being abused. Every situation depends on context, so it is a good idea for all staff to familiarise themselves with the employer’s policies and procedures in advance of any situation arising. Subject to that, we suggest that if you are subjected to verbal abuse at work by a third party:

• Remove yourself from the situation to a place of safety. If you can’t do that, attract the attention of a trusted colleague to support you.
• If you feel comfortable and safe doing so, you could tell the person calmly that you find their comments offensive and ask them to stop. However, this is a personal decision and you should not put yourself at risk either physically or emotionally in doing this. It is not your responsibility to confront other people’s unacceptable behaviour.
• As soon as possible, tell your manager or someone from HR what happened. If you can’t speak to someone straight away, make a note of what was said to remind you.
• Think about whether there are any steps which your employer could take to prevent a repetition. This could include displaying signs setting out the company’s standards on respect at work, taking steps in relation to customers who breach these standards, and increasing safety and support procedures.
• If your employer knowingly puts you at risk of abuse or does not take your concerns seriously, seek legal advice without delay.
• If you believe the verbal abuse was motivated by hostility or prejudice towards you because of your severe disfigurement, it may count as a hate incident or even a hate crime. These can be reported to the police. Have a look at our page on appearance-related hate.

Why is severe disfigurement a disability?

Many people with a severe disfigurement do not feel that the word “disabled” reflects them. This is often because looking different does not necessarily impact what they can do and this may feel like a difficult fit with the word “disabled”. Societal perceptions of disability often tend to focus on function, not appearance.

There is, however, another way to understand the word “disabled”. This is known as the social model of disability. This means that someone is “disabled” not by the functioning of their body, but by society. If society is designed around people without impairments, this creates barriers – and disability – for those of us with impairments. These barriers can be physical barriers (such as staircases, which often hinder people with mobility impairments) but they can also be attitudinal barriers (such as stereotypes). Someone with a visible difference could be disabled by stereotypes of beauty and negative media portrayals of visible difference, even though their visible difference does not limit what their body can do. As an example of a stereotype in action, try writing a list of all the movies where the villain has visible scars… you will need a large piece of paper!

So under the social model of disability, it is society which places barriers on a person, not the person’s impairment. The responsibility is therefore on society, and all of us living in it, to change this. There are some interesting short videos on YouTube which explore this in more detail. We suggest you start with this YouTube video from Scope.

Where can I get legal advice?

Below is a list of organisations which may be able to offer guidance or free legal advice on this topic. Always check whether you will be charged for the advice in advance.

• Citizens Advice
• Equality Advisory and Support Service helpline
• Local law centres (find your local one on the Law Centres Network website)
• The Equality and Human Rights Commission (EHRC) provides guidance and support on discrimination issues
• ACAS (Advisory, Conciliation and Arbitration Service) has some useful guidance for employees in the workplace

Alternatively, you could consult a solicitor local to you who specialises in employment law (this is likely to be chargeable – always check the cost basis before doing so).

Is there any help with the cost of getting advice?

If your legal adviser suggests that you should bring a claim, you should also discuss the cost implications of this together. You could check whether any of the following would be available to you:

• Legal aid funding. There is an eligibility checker on the government website. Legal aid is not usually available to cover representation at the Employment Tribunal hearings.
• If you are a member of a trade union, check what help or representation they can offer. Find out what trade union/s represents your industry on the Trades Union Congress (TUC) website.
• If you have any insurance with legal expenses cover you may wish to check whether you can get legal advice paid for under that but make sure you understand how this works, any requirements of the insurers and any impact on your premiums going forward.
• Check whether any legal advice centres near you offer free help to people in your situation. There is also the Free Representation Unit and Advocate which can sometimes offer an advocate to attend an Employment Tribunal hearing to represent you.
• If you bring a claim, it is possible to represent yourself in the Employment Tribunals. However, unless you have the time and confidence to research the law, this may not be for you. Some guidance on representing yourself can be found on the Citizens Advice website.
• Some law firms offer a “no win no fee” service, or fixed fees. Be sure to understand how this works and the charges which you could be responsible for.

I am an employer. How should I support one of my workforce who has a disfigurement?

This guidance is prepared with questions affecting individuals, rather than employers, in mind. We have a range of other guides to help employers support employees with a visible difference on our website.

The following websites contain general guidance on various employment law topics for employers:

• Acas
• Equality and Human Rights Commission

There are many paid subscription helplines for employers with HR queries.

Who helped write this guide?

This guidance was produced by researchers at Queen Mary University of London, with grateful thanks to:

• Dr Katherine Nutt, Senior Clinical Psychologist, St Andrews Burns Centre, Broomfield Hospital, Mid and South Essex NHS Foundation Trust
• The VTCT Foundation
• The Centre for Appearance Research at the University of the West of England
• Jessica Hunt and Claire Burton of Leigh Day solicitors