Disability in the workplace Q&A

What is disability?

Disability, as defined under the Equality Act 2010, refers to a physical or mental impairment that has a substantial and long-term negative effect on an individual’s ability to perform normal daily activities. Disabilities can be visible, such as mobility impairments, or invisible, such as mental health conditions or learning disabilities.

What are the types of disability discrimination?

1. Direct discrimination: Treating someone less favourably because of their disability. For example, not hiring a qualified candidate solely because they have a disability.
2. Indirect discrimination: When a policy or practice that applies to everyone disproportionately disadvantages people with disabilities. For example, a workplace policy that requires all employees to work long hours might disadvantage individuals with chronic fatigue syndrome.
3. Failure to make reasonable adjustments: Employers are required to make reasonable adjustments to accommodate employees with disabilities. Failure to do so is a form of discrimination. Examples include not providing necessary equipment or modifying work schedules.
4. Harassment: Unwanted conduct related to disability that violates an individual’s dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment. This includes making derogatory comments about someone’s disability.
5. Victimisation: Treating someone unfairly because they have made or supported a complaint about disability discrimination. For example, if an employee is demoted for supporting a colleague’s discrimination complaint.

What are some examples of disability discrimination in the workplace?

• Refusing to provide necessary accommodations, such as specialised equipment or flexible working hours.
• Not hiring or promoting someone because they have a disability.
• Creating a hostile work environment through jokes, slurs, or inappropriate questions about someone’s disability.
• Implementing policies that disproportionately impact employees with disabilities.
• Failing to provide accessible facilities, such as ramps or accessible restrooms.

How can employees address disability discrimination?

1. Keep records: Document incidents of discrimination, including dates, times, details of what happened, and any witnesses.
2. Report the behaviour: Follow the company’s grievance procedure, which usually involves reporting the issue to a line manager or HR department.
3. Seek advice: Get advice from trade unions, workplace representatives, or organisations such as ACAS (Advisory, Conciliation and Arbitration Service).
4. Make a formal complaint: If the issue is not resolved informally, make a formal complaint through the employer’s grievance procedure.
5. Take legal action: As a last resort, take the case to an employment tribunal. The tribunal can award compensation and make recommendations to prevent further discrimination.

What responsibilities do employers have to support employees with disabilities?

Employers in the UK have a legal responsibility to prevent disability discrimination in the workplace. They can take several steps to create an inclusive environment, including:

1. Implementing clear policies: Develop and enforce anti-discrimination and equal opportunities policies that specifically address disability.
2. Providing training: Educate all employees on disability awareness, inclusion, and the importance of preventing disability discrimination.
3. Making reasonable adjustments: Ensure that reasonable adjustments are made to accommodate employees with disabilities, such as modifying workstations, providing assistive technology, or allowing flexible working hours.
4. Establishing effective grievance procedures: Create clear procedures for reporting and addressing complaints of discrimination.
5. Promoting a diverse workplace: Actively promote diversity and inclusion in recruitment, retention, and career development practices.
6. Encouraging open dialogue: Foster an environment where employees feel safe discussing issues related to disability and accommodations.
7. Reviewing practices and policies: Regularly review workplace practices and policies to ensure they do not inadvertently discriminate against employees with disabilities.

What are reasonable adjustments?

Reasonable adjustments are modifications or changes made by an employer to remove or reduce barriers faced by an employee with a disability. Examples include:

• Adjusting work hours or allowing flexible working.
• Modifying equipment or providing assistive devices.
• Making changes to the physical layout of the workplace to improve accessibility.
• Providing additional training or mentoring.
• Allowing time off for medical appointments or treatment.

How can employers promote disability inclusion?

1. Accessible recruitment practices: Ensure that the recruitment process is accessible, including job advertisements, applications, and interviews.
2. Inclusive culture: Promote an inclusive culture where all employees feel valued and supported, regardless of their disability.
3. Employee resource groups: Encourage the formation of employee resource groups to provide support and advocacy for employees with disabilities.
4. Ongoing training: Provide regular training on disability awareness and inclusion to all employees.
5. Clear communication: Maintain open and clear communication with employees about their needs and the support available to them.

Conclusion

Understanding disability in the workplace is essential for creating an inclusive and fair environment. The Equality Act 2010 provides strong protections against disability discrimination, but employers must actively promote a supportive and accommodating workplace. By understanding the forms of disability discrimination and knowing how to address them, both employees and employers can contribute to a more equitable and inclusive workplace.

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