Employment Topics Law – Disability, Employment & the Law

 

All aspects of UK anti discrimination law are enshrined in the employment of staff. Some discrimination laws are more established than others, disability discrimination is one of the more recent additions.

 

Disability law and employment present many challenges for business owners and managers and this page is intended to help give you a practical overview of how the law is applied to business.

 

We would always advise that you seek expert support when dealing with any employee related topic. For help on anything that relates to a potential discrimination issue we strongly advise that you always seek expert help.

 

If you would like to speak someone who can really help with any aspect relating to employment, employees and disability call 01543 308642 or email info@creamhr.com

 

The original Disability Discrimination Act 1995 (DDA) was last year incorporated into the Equality Act 2010 which was enacted in October 2010. The Equality Act 2010 defines a disabled person as someone who has a physical or mental impairment that has a substantial and long-term adverse effect on his or her ability to carry out day to day activities.

 

What the original DDA did was to make it illegal to discriminate against someone in employment on the grounds of their disability in the same way that it is illegal to discriminate on the grounds of race, sex, sexual orientation etc..

 

As you can see from the definition within the Equality Act the words “substantial” and “long-term” require more accurate inspection and this is where you need to consider each individual case in turn.

 

The Act applies to job applicants, all workers (contract/agency/temp), apprentices, the police and people in vocational training. As potential disability can occur at any time you do need to be aware of this law and be ready to respond to situations as and when they arise. The Act prohibits direct and (unjustified) indirect discrimination, discrimination that arises from disability (unless it is justified), victimisation and harassment that is related to disability.

 

The Equality Act also introduced new protection from discrimination arising from or associated with a disability. For example it would be discrimination to treat someone with dyslexia unfavourably because they make spelling mistakes. Discrimination on this basis is only justifiable if an employer can show that it is a proportionate means of achieving a legitimate aim.

Other significant changes introduced with the Equality Act 2010 related to indirect discrimination, which covers disabled people. This can occur if you have a specific rule that may discriminate against people with a protected characteristic, unless you can show that you have acted reasonably and that the rule is a proportionate means of achieving a legitimate aim.

It is also unlawful, except in certain circumstances, to ask about someone’s health before offering them work.

 

There is a duty on employers to make “reasonable adjustments” with regard to disabled employees and job applicants. Qualifying times for Employment Tribunal don’t apply and there are no limits on compensatory awards.

 

Since the introduction of the original DDA there has been a steady rise in the number of cases heard at Employment Tribunal regarding disability discrimination and whilst this is expected it is also very useful in providing employers with guidance regarding what “reasonable adjustments” are.

 

We will happily provide further advice or guidance on this topic if you need additional help – this web page is not the best medium to write at length about case law on the subject.

 

The definition of what constitutes a disability is very important and in general we would advise that you seek proof/evidence from an expert to verify the specific disability.

 

We thought it appropriate to re-assure you that things like addictions such as alcohol dependency or nicotine or other substance dependency are treated as not amounting to impairment for the purposes of the Act. (Although addictions that result from the administration of prescribed drugs or medical treatment are included).

Hay Fever is expressly excluded from the Act, except where it aggravates the effect of another condition.

Tattoos and body piercing are not severe disfigurements that are treated as having an adverse effect on the ability of a person to carry out normal day-to-day activities, although in our claim driven world we await a legal challenge sometime in the not too distant future!

 

As we said at the top of this page discrimination laws are enshrined in employment and it is important that you are aware of your obligations as an employer and how to comply with the law – if you have any questions regarding disability discrimination and employment, call us now on 01543 308642 or email us at info@creamhr.com and we’ll help to answer your specific question.

 

DISCLAIMER – should you decide to use any of the information provided on this site without our expert guidance, you do so at your own risk. 

Almost every employment/employee related situation is unique and as such it is always wise to seek specific expert advice before undertaking any action.