Disability in a Workplace.

Disability in employment terms refers to physical or mental impairment which has a substantial and long-term adverse affect on a person’s ability to carry out normal day-to-day activities. You will find here information on disabled workers, disability discrimination, reasonable adjustment, disability discrimination law and case law.

The aim of the Disability Discrimination Act 1995 in the UK, is to ensure that people with a disability are able to undertake and remain in employment without hindrance and with a little help, if not from their friends then from their employer.

It is well known to the occupational health profession that the key concept of the Act is that the achievements of a disabled employee can be made possible or facilitated by reasonable adjustments. These will enable access to the job through the advertising and recruitment process and through physical access to the premises or workstation.

When at work, adjustments by way of provision of equipment and other assistance will be provided when it is reasonable, and reasonably practicable, to do so. This includes the provision of any equipment aids or special access measures that may be needed for someone with a physical disability, such as ensuring that walkways are wide enough for the passage of a wheelchair, or that grab-rails are provided to cope with balance or other mobility impairment.

Attitudes towards disabled people are changing for the better, but there are still significant barriers to overcome in the workplace. The success of the UK’s 2012 Para-Olympians, last summer did much to change attitudes and challenge misconceptions around disabled people. Businesses are now more willing to consider people with disabilities, often employers require help in identifying issues that may unwittingly be deterring those with disabilities from applying for positions in the first place.

An employer has to make ‘reasonable adjustments’ to avoid you being put at a disadvantage compared to non-disabled people in the workplace. For example, adjusting you’re working hours or providing you with a special piece of equipment to help you do the job. An employer who’s recruiting staff may make limited enquiries about your health or disability.

You can only be asked about your health or disability:

• to help decide if you can carry out a task that is an essential part of the work
• to help find out if you can take part in an interview
• to help decide if the interviewers need to make reasonable adjustments for you in a selection process
• to help monitoring
• if they want to increase the number of disabled people they employ
• if they need to know for the purposes of national security checks
  

You may be asked whether you have a health condition or disability on an application form or in an interview. You need to think about whether the question is one that is allowed to be asked at that stage of recruitment.

Disability Discrimination Act

Under the DDA, it is unlawful for employers to discriminate against people with disabilities for a reason related to their disability, in all aspects of employment, unless this can be justified. The Act covers things like recruitment and selection, including:

• application forms
• job descriptions
• personnel specifications
• recruitment advertising
• the application process
• shortlisting and interviewing arrangements
• selection testing arrangements
• medical questionnaires and assessments
• references
• job offers
• terms of employment
• harassment
• pregnancy, maternity and adoption rights
• promotion, transfer or training opportunities
• work-related benefits, such as access to recreation or refreshment facilities
• dismissal or redundancy

Reasonable adjustments in the workplace

The DDA places a duty on your employer to make reasonable adjustments if employment arrangements, or the workplace itself, place a disabled person at a substantial disadvantage compared to a non-disabled person. Reasonable adjustments have to be considered at every stage of employment.

The duty is ‘reactive’ and requires the employer to have knowledge of the person’s disability and the fact that they will be placed at a substantial disadvantage compared to others who do not have the particular disability.

The duty arises where a provision, criterion or practice applied by or on behalf of the employer, or any physical feature of premises occupied by the employer, places a disabled person at a substantial disadvantage compared with people who are not disabled.

An employer has to take such steps as it is reasonable for it to have to take in all the circumstances to prevent that disadvantage - in other words, the employer has to make a ‘reasonable adjustment’. Where the duty arises, an employer cannot justify a failure to make a reasonable adjustment.

Examples of the sort of adjustments your employer should consider, in consultation with you, include:

• allocating some of your work to someone else
• transferring you to another post or another place of work
• making adjustments to the buildings where you work
• being flexible about your hours - allowing you to have different core working hours and to be away from the office for assessment, treatment or rehabilitation
• providing training or retraining if you cannot do your current job any longer
• providing modified equipment
• making instructions and manuals more accessible
• providing a reader or interpreter

Things to consider at work

You can play an active role in discussing these arrangements with your employer.

You might also want to encourage your employer to speak to someone with expertise in providing work-related help for people with disabilities, such as an occupational health adviser.

Issues for you both to consider include:

• how effective will an adjustment be?
• will it mean that your disability is slightly less of a disadvantage or will it significantly reduce the disadvantage?
• is it practical?
• will it cause much disruption?
• will it help other people in the workplace?
• is the cost prohibitive?

You may want to make sure that your employer is aware of the Access to Work programme. Through this programme, employers can get advice on appropriate adjustments and possibly some financial help towards the cost of the adjustments.