What is disability?
Posted on 18th May 2021
The definition of disability in relation to employment is covered under the Equality Act 2010. A person has a disability if all of the following apply:
🟢 they have a physical or mental impairment; and
🟢 the impairment affects their ability to carry out normal day-to-day activities; and
🟢 the impairment has a substantial adverse effect; and
🟢 the adverse effect is long-term. - means that the condition must last or is likely to last for more than 12 months.
The definition of what could be a disability is very broad and it also protects those who are discriminated against because of a person they are associated with who has a disability.
Four main types of how disability discrimination can happen:
🟢 direct discrimination
🟢 indirect discrimination
An employer must consider making a ‘reasonable adjustment’ to accommodate the needs of a person with a disability by assessing:
🟢 whether it needs to change how things are done?
🟢 whether it needs to physically change the workplace?
🟢 whether it needs to provide extra equipment or get someone to assist the disabled employee in some way?
In doing this, the Company should consider:
🟢 whether the adjustments are practical to make them.
🟢 does the Company have the resources to pay for the changes to be made
🟢 will the changes be effective in either overcoming or reducing the impact required.
🟢 will the changes have an adverse impact on the health and safety of others.
The types of adjustments could be:
🟢 altering premises – providing ramps or changing signs
🟢 altering assessment procedures – providing assistive technology
🟢 communication – providing an interpreter, for example, people who are deaf or have a speech impairment
🟢 training or mentoring – to support the employee with new adjustments
🟢 time off during working hours - to attend necessary appointments
🟢 modified all specialist equipment – supportive chairs or different desk
This article is a brief overview of disability and the key is to ensure that the specific details of a situation are reviewed fully before making any decision.
Please do not hesitate to contact email@example.com if you would like to discuss the plan you would like to put in place. Taking HR from 'TO DO' to 'DONE'.
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