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:
π’ they have a physical or mental impairment; and
π’ the impairment affects their ability to carry out normal day-to-day activities; and
π’ the impairment has a substantial adverse effect; and
π’ 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:
π’ direct discrimination
π’ indirect discrimination
π’ harassment
π’ victimisation
Reasonable adjustments
An employer must consider making a βreasonable adjustmentβ to accommodate the needs of a person with a disability by assessing:
π’ whether it needs to change how things are done?
π’ whether it needs to physically change the workplace?
π’ 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:
π’ whether the adjustments are practical to make them.
π’ does the Company have the resources to pay for the changes to be made
π’ will the changes be effective in either overcoming or reducing the impact required.
π’ will the changes have an adverse impact on the health and safety of others.
The types of adjustments could be:
π’ altering premises β providing ramps or changing signs
π’ altering assessment procedures β providing assistive technology
π’ communication β providing an interpreter, for example, people who are deaf or have a speech impairment
π’ training or mentoring β to support the employee with new adjustments
π’ time off during working hours - to attend necessary appointments
π’ modified all specialist equipment β 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 daxa@hrresultsltd.co.uk 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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