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. Moreover, equality and diversity legislation affects your company's efforts to recruit, promote and discharge members of your staff. In your efforts to comply with the legal requirements, it is also important that you make certain that an employee with a disability will not be burdened substantially more than an employee who does not suffer from a similar issue.
Understanding what is considered a disability
In Great Britain, approximately one in every five adults is disabled, and the legal definition of the term is quite broad. The EA considers someone to be disabled if they are limited physically or mentally and this makes it very difficult to do normal everyday activities. MS sufferers, cancer and HIV patients, and those with particular visual impairments are also categorized automatically as possessing a disability.
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. If a disabled employee's unacceptable performance is related to the disability, reasonable accommodations must be made to ensure that the employee can properly perform the job.
What are "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. That may encompass the acquisition of extra or customized equipment in the workplace, and also necessitates complete awareness on the employer's part that the employee suffers from a disadvantage of this nature.
Preventing the problem
To avoid future misunderstandings, it is advised that employers figure out whether adjustments are expected by employees or job applicants with a disability. 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.
By having a firm grasp of EA regulations, you will have an easier time keeping good employees who acquire a disability, and you will be better able to prevent the filing of discrimination complaints that may have a negative impact on your recruitment efforts and on relationships with colleagues, vendors and customers.
Understanding what is considered a disability
In Great Britain, approximately one in every five adults is disabled, and the legal definition of the term is quite broad. The EA considers someone to be disabled if they are limited physically or mentally and this makes it very difficult to do normal everyday activities. MS sufferers, cancer and HIV patients, and those with particular visual impairments are also categorized automatically as possessing a disability.
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. If a disabled employee's unacceptable performance is related to the disability, reasonable accommodations must be made to ensure that the employee can properly perform the job.
What are "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. That may encompass the acquisition of extra or customized equipment in the workplace, and also necessitates complete awareness on the employer's part that the employee suffers from a disadvantage of this nature.
Preventing the problem
To avoid future misunderstandings, it is advised that employers figure out whether adjustments are expected by employees or job applicants with a disability. 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.
By having a firm grasp of EA regulations, you will have an easier time keeping good employees who acquire a disability, and you will be better able to prevent the filing of discrimination complaints that may have a negative impact on your recruitment efforts and on relationships with colleagues, vendors and customers.
About the Author:
Uncertain where you stand in regards to employment law? 360 diversity helps UK businesses to put together and maintain effective policies which comply with equality and diversity legislation.
