The Equality Act 2010 with Regards to Disability
Under the Equality Act 2010 (EA), it is a violation of the law for an employer to discriminate against anyone who is disabled, whether they are an employee or someone who applies for a job. This equality and diversity legislation also relates to the recruitment, promotion and dismissal of your employees. As you make the reasonable adjustments the law requires, you must also ensure that a disabled individual will not be at a significant disadvantage in comparison to someone else who does not have that disability.
Recognising disability
In Great Britain, approximately one in every five adults is disabled, and the legal definition of the term is quite broad. The EA states that a disabled person is someone with a physical or mental limitation that seriously affects their ability to perform regular day-to-day activities. In addition, those with multiple sclerosis, cancer, an HIV infection or certain visual conditions are automatically classified as being disabled.
Dealing with poor job performance
When a disabled person is doing poorly on the job, you may legally discipline or dismiss them, provided that you would take the same steps with an employee who is not disabled. In cases where an employee's inadequate performance is directly related to their disability, reasonable adjustments should then be made that would help them to perform their job properly.
Defining €reasonable adjustments'
Equality and diversity legislation requires employers to update their business policies and practices, along with their premises, if they could put someone who is disabled at a significant disadvantage in comparison with a non-disabled worker. Employers must also provide the necessary assistance or services that would keep a disabled worker from being at a disadvantage. This could include additional or modified equipment for doing the job, and the employer must also be fully aware that such a disadvantage exists.
Preventing the problem
To avoid confusion and misunderstanding, employers are advised to find out if their disabled employees or job applicants feel that certain adjustments should be made for them. Employers should always take the initiative in this situation, rather than the disabled person, but they must also be aware that limitations have been placed on the health-related questions they are permitted to ask before making a job offer.
Being familiar with EA requirements will enable you to retain valuable employees who become disabled and help you to avoid discrimination claims that could have an adverse effect on employee recruitment and on your relationship with clients, suppliers and other companies in your industry.
Recognising disability
In Great Britain, approximately one in every five adults is disabled, and the legal definition of the term is quite broad. The EA states that a disabled person is someone with a physical or mental limitation that seriously affects their ability to perform regular day-to-day activities. In addition, those with multiple sclerosis, cancer, an HIV infection or certain visual conditions are automatically classified as being disabled.
Dealing with poor job performance
When a disabled person is doing poorly on the job, you may legally discipline or dismiss them, provided that you would take the same steps with an employee who is not disabled. In cases where an employee's inadequate performance is directly related to their disability, reasonable adjustments should then be made that would help them to perform their job properly.
Defining €reasonable adjustments'
Equality and diversity legislation requires employers to update their business policies and practices, along with their premises, if they could put someone who is disabled at a significant disadvantage in comparison with a non-disabled worker. Employers must also provide the necessary assistance or services that would keep a disabled worker from being at a disadvantage. This could include additional or modified equipment for doing the job, and the employer must also be fully aware that such a disadvantage exists.
Preventing the problem
To avoid confusion and misunderstanding, employers are advised to find out if their disabled employees or job applicants feel that certain adjustments should be made for them. Employers should always take the initiative in this situation, rather than the disabled person, but they must also be aware that limitations have been placed on the health-related questions they are permitted to ask before making a job offer.
Being familiar with EA requirements will enable you to retain valuable employees who become disabled and help you to avoid discrimination claims that could have an adverse effect on employee recruitment and on your relationship with clients, suppliers and other companies in your industry.
Source...