All employers are under a duty not to discriminate on the grounds of disability in respect of:
- employees, including apprentices
- workers (agency temps, contractors and casual workers)
- job applicants (in the recruitment and selection process)
Employers should be aware that there is no qualifying length of service to bring a disability discrimination claim in the Employment Tribunal. Unlike Unfair Dismissal there is also no cap on the amount of compensation that can be awarded if the claim is successful. In the financial year 2022 / 2023, the average Compensation Award for Disability Discrimination was £45,435.
Disability is defined as having a physical or mental impairment that has a substantial and long-term adverse effect on the ability to carry out normal day-to-day activities.
An individual who has a medical condition which has lasted at least 12 months, or is expected to last at least 12 months (except where it is a terminal condition), will be considered to have a disability.
“Normal day-to-day activities” are those carried out in people’s everyday lives, not their work duties. These include washing and dressing, shopping, using the telephone and watching TV.
Employers must ensure that they do not:
- discriminate directly i.e. treat a person less favourably because of disability
- discriminate indirectly i.e. apply a provision, criterion or practice (PCP) on all employees but which disadvantages a person with a disability
In addition, employers have a direct duty to make reasonable adjustments to the role or the workplace in order to accommodate a person with a disability. This could be installing ramps or a lift; providing an ergonomic chair or autism-assistive technology; changing lighting; varying hours of work or allowing longer breaks; or discounting any disability-related sickness absence for the purposes of absence management.
The costs of assisting people with disabilities to remain in work are often minimal, whereas discounting people with disabilities can actually be detrimental to the performance of a business as it excludes a whole group of people who can bring their talents to the organisation. Also, there is a reputational risk which could lose customers. The majority of people with disabilities wish to be engaged in meaningful activity within society which, in most cases, means some sort of paid work. For most people, work is vital in providing a source of identity, normality, and socialisation, as well as obviously financial support.
HR Solutions can provide you with an Equality and Diversity Policy which includes the requirement not to discriminate on the grounds of disability and the duty to make reasonable adjustments. We can also advise you on any individual case concerning an employee with a disability and work with you to find a good outcome for both yourselves and your employee.
