Migraine, disability and legal rights

Migraine and the law on disability

You might not think having migraine could mean you have a disability. But many different types of health condition can be classed as a disability – even invisible ones, like migraine. When a health condition is legally defined as a disability it means you are protected from discrimination under law.

The UK laws relating to disability are:

• the Equality Act 2010 in England, Scotland and Wales
• the Disability Discrimination Act 1995 in Northern Ireland.

Disability criteria

Under these laws, you are considered to have a disability when you fulfil all of the following criteria.

• You have a physical or mental impairment. An impairment is anything that reduces your physical or mental abilities in some way. Migraine causes physical impairment through symptoms like head pain and sickness.
• The impairment has a ‘substantial’ negative effect on your ability to do normal day-to-day activities. This can be anything that you tend to do on a regular or daily basis, such as shopping, reading or writing, using a phone and carrying out household tasks. Substantial means it is more than just a minor inconvenience. It might take you much longer, or is much more difficult for you to do these.
• The impairment is long-term. This means it has lasted for at least 12 months or is likely to last 12 months or more. It’s still classed as long-term if your symptoms come and go (‘fluctuate’) over time, as is often the case with migraine.

How to tell if migraine is a disability

Whether or not your migraine is considered a disability will be unique to you. It will usually depend on how often you have migraine attacks and how severe they are. This will affect how much impact they have on your normal day-to-day activities. If you experience occasional, mild attacks, it is less likely to be classed as a disability than in someone who has frequent, severe attacks.

The law says to discount any medication or treatment that you’re taking. This means even if your migraine is currently well controlled with treatment, it may still count as a disability. This is because if you stopped treatment, your migraine could cause a substantial, long-term negative effect.

Declaring disability

It’s your choice if or when you tell anyone that you have migraine that is considered a disability. But if your migraine is seriously impacting on work, education or other activities, it can be important for people to understand why. This can help to make sure that your needs are considered and any adjustments that will help you are put into place.

You might want to tell someone about your migraine:

• when you are starting at a new workplace or education setting, or accessing a new service where your migraine is likely to have an impact
• if the severity or frequency of your migraine attacks has changed
• if something about your job role, work or education setting has changed, and it’s affecting your migraine
• if you have had time off work or education due to your migraine.

Getting evidence to prove a disability

It may feel unclear whether your migraine could be classed as a disability. Sometimes an employer or education provider may want to see evidence that shows you have a disability. You don’t need to show evidence of a medical diagnosis to prove a disability. But you may need to show evidence of how it affects you.

It’s worth talking to them about exactly how your migraine affects your normal, day-to-day activities. Keeping a record or diary of your migraine symptoms may help.

You can also ask for a report or letter from your GP or consultant to support with this. This may explain:

• how long you have had migraine and how long it’s expected to last
• what would happen if you stopped any medication you’re taking
• the effect your migraine has on your everyday activities.

They may give their opinion on whether your migraine should be classed as a disability. They may also recommend adjustments that may help.

Legal rights if you have a disability

The law protects you from discrimination if you have a disability. This covers you in many different settings, including:

• workplaces
• schools
• higher education settings, including colleges and universities
• health and care services, like GP surgeries, hospitals and care homes
• public services like shops, restaurants and sports facilities
• public transport services like buses and trains
• clubs and associations.

This means it is against the law for anyone in these settings to discriminate against you, harass or victimise you due to your disability.

Discrimination

Discrimination can take several different forms.

• Direct discrimination means you are treated unfairly because of your disability. It might mean you are turned down for a promotion or not offered an interview because of your migraine.
• Indirect discrimination is when your needs haven’t been considered. An example could be if allowances have not been made in exams to account for your migraine.
• Harassment is when someone behaves in a way that causes you offence, fear or upset. An example could be that you overhear work colleagues making insulting comments about your migraine.
• Victimisation is when you are treated badly because you have made or supported a complaint about discrimination. You might have supported a team member’s complaint about discrimination due to migraine at work for example. It’s victimisation if you’re then treated badly yourself.

Reasonable adjustments for migraine

Under law, organisations must make ‘reasonable adjustments’ for people with a disability to help meet their needs. This can make sure that you are not disadvantaged compared to someone who is not disabled.

Examples for people with migraine can include:

• an employer allowing flexible or remote working in your job
• flexible deadlines for coursework and alternative assessment methods in education settings
• providing suitable equipment, such as computer screens, desk chairs and lamps
• making changes to the environment, such as fixing lighting, noise or ventilation issues
• an employer making allowances for migraine-related sickness absence at work.

What counts as ‘reasonable’ can depend on the organisation, the situation and your own individual circumstances. It might not be feasible for an organisation or employer to make every change. This may depend on things like cost, resource and how practical it is. There are schemes and grants that can help organisations with the costs of making reasonable adjustments. One example is the Access to Work grant to help pay for practical support with work.

It’s important to keep a written record of your request for a reasonable adjustment. If a request is refused, the organisation should be able to explain why. They also have a legal duty to find other ways to support you, including considering alternative adjustments.

Sometimes, an employer may refer you to an occupational health adviser. Occupational health advisers provide advice and support on health issues in the workplace. This is always confidential and impartial. An employer may have their own occupational health service, or they may use an outside agency.

We have more information about managing migraine and work.

Making a complaint

If you are refused a reasonable adjustment, it’s usually best to try to resolve the issue informally. This might mean working with the individual or organisation to agree on alternative adjustments.

If you can’t come to an agreement, you may want to make a complaint. You may also want to make a complaint if you feel that you have been discriminated against in any other way.

• At work this may mean submitting a formal complaint in line with your company’s formal grievance policy. The organisation Acas can help provide support with employment disputes.
• At university, there may be a student representative that can help, such as a Disability Adviser. Colleges and universities may explain their complaints procedure in their student handbook. You can also look on their website.
• For other service providers, you will need to submit a complaint directly to the company or organisation. This will often be through an online form.

It’s helpful to keep a written record of your experience if you are making a complaint. Keep emails, letters or reports as evidence.

If you don’t think your complaint has been dealt with satisfactorily, you may want to consider taking it further. There are different organisations that can provide support and advice. We have listed some at the bottom of this page. You may also want to seek legal advice on your situation.

Other benefits and services for disabled people

There are a range of services and benefits available for people with a health condition classed as a disability. Examples include welfare benefits, the Blue Badge parking scheme and other financial support. It varies in how you qualify for these services or benefits. Being covered under the Equality Act for a disability does not mean you will automatically qualify for disability services and benefits.

We have more information on financial support and benefits for migraine.

Further help and support

The following organisations offer help and support for people with a disability.

• Acas (the Advisory, Conciliation and Arbitration Service) – offers free, impartial advice and assistance on workplace rights and employment legislation.
• Citizens Advice – provides practical information and advice relating to disability and discrimination in England, Scotland and Wales.
• Disability Law Service – registered UK charity providing free legal advice to disabled people.
• Disability Rights UK – provides information and guidance on a range of disability related issues.
• Equality and Human Rights Commission – independent statutory body responsible for enforcing the Equality Act 2010 in England, Scotland and Wales. Provides expert information, advice and support on discrimination and human rights issues.
• Equality Commission for Northern Ireland – provides general information and advice about equality legislation in Northern Ireland.
• Labour Relations Agency – provides free, impartial advice and services relating to employment practice in Northern Ireland.
• Scope – registered UK charity providing information, advice and support for disabled people.

About our information

This information has been written by The Migraine Trust Information and Support Services team. It has been reviewed by our panel of expert health professionals and people affected by migraine.

Our information has been awarded the PIF TICK quality mark for trustworthy health information.

If you have feedback on our information, please get in touch at: feedback@migrainetrust.org

References for our information are available on request.

Last reviewed: June 2025 | Next review due: June 2028