Answering the Internet’s most commonly asked questions about ‘Disability in the Workplace’

Nowadays, when employers and employees want quick answers or seek to fill their knowledge gaps on a particular topic, the first place they turn to (for good or bad) is the Internet. 

In this blog, we thought it would be interesting to compile a list of the most commonly searched workplace disability questions and have provided practical answers to each one:

1. “What is classed as a disability at work?”

This is one of the questions we always cover in the early stages of our foundation training, and it is one that tops the search rankings due to the ambiguity around the legal definition of what a disability actually is. To answer this question accurately, it’s always best to refer to the Equality Act 2010.

So, under UK law (Equality Act 2010), a disability is defined as:

A physical or mental impairment that has a substantial and long-term adverse effect on your ability to carry out normal daily activities.

Now, that definition is ambiguous, so let’s break that down further! Firstly, Long-term in this case means it has lasted or is expected to last at least 12 months, and Substantial means more than minor or trivial.

There are also special rules covering fluctuating conditions, such as relapsing and remitting multiple sclerosis, for example, where you could appear to be fine one day, and have limited to no mobility the next.

The Act also defines the term ‘normal day-to-day activities’ as things like eating, washing, walking and going shopping. And for further clarification, if someone has had a disability in the past that also meets the legal definition (such as a recurring mental health condition), they are still protected under the Act.

This broad definition means far more people are protected than many realise. Also, a doctor does NOT need to give an official diagnosis in order for someone to be covered, especially if it is obvious they are struggling at work.

2. “Do employers have to make reasonable adjustments for disabled workers?”

This is a very commonly asked question, often requested by employees and employers alike. …And the quick answer is YES.

That is, if an employee meets the legal definition of disability (see question one), then employers are legally required to make reasonable adjustments to remove or reduce disadvantages at work.

Essentially, employers are legally obliged to act when an employee tells them they have a disability, when they should reasonably have known they have a disability, or when a disability becomes apparent during employment. Any failure to offer to make adjustments is discrimination.

Of course, there will be circumstances when requests for adjustment may be unreasonable- (for example, the cost is unrealistic in terms of the turnover of the company, the request is unfeasible or will disrupt the business.

To learn more about when adjustments can be considered unreasonable, read our blog: Reasonable (and Unreasonable) Adjustments in the Workplace

When thinking about reasonable adjustments, a better question to ask is why do you not want your staff working at 100% and leaving productivity on the table?

3. “What are examples of reasonable adjustments in the workplace?”

Once again, this is another question most likely to have been asked by both employees and employers. Employees are searching because they are unaware of what they might be entitled to request, and employers are unclear about what they are obliged to provide. They may even be unnecessarily intimidated at the prospect of employing a person with a disability. (Incidentally- it’s worth noting here that the cost of the average reasonable adjustment is just £75!). 

Now, we could write a whole new blog on examples of reasonable adjustment, but in essence, it can be as little as allowing a person to work somewhere quieter or providing a worker with more time to process information. 

Typical examples may include flexible hours, hybrid roles, additional or extended breaks, assistive tech, screen readers, specialist software, ergonomic chairs and desks, fewer tasks that involve standing or walking, parking adjustments, handrails, a more predictable routine, wellbeing check-ins, quiet zones or areas set aside for contemplative working.

Fundamentally, the adjustment can be anything that removes a disadvantage and is feasible, not too difficult, not disruptive, not costly to a business, and that doesn’t compromise anyone’s safety or wellbeing.

4. “Do I have to tell my employer about my disability?”

This is an interesting question, and it is not entirely surprising that it is among the most commonly asked. Why? Well, because 80% of disabilities are hidden- or non-visible to most people- and according to Bupa, 43% of people with invisible disabilities choose not to make them known in the workplace.

This means around 5.5 million people choose to keep their disability a secret.

Of course, there is no legal requirement to tell an employer that you have a disability, unless it can potentially impact you or your work in a way that requires critical adjustments and imposes a safety risk for yourself or anyone else.

It is worth remembering, though, that if an employer has no knowledge (and there are obvious outward signs) that someone has a disability, they cannot provide adjustments and therefore employees will not be able to access support, which can potentially impact their performance, career development and in some cases pose a threat to their health. Disclosure (for want of a better word) is always a choice, but remember, for most people, work/life improves once the right people know.

5. “Can an employer dismiss someone because of a disability?”

Like other questions, this can also be asked from the perspective of the employee and the employer, but essentially, the quick answer is NO. Dismissing someone BECAUSE of a disability would be blatant and unlawful disability discrimination.

Now, this does not mean that someone with a disability cannot be dismissed- BECAUSE is the operative word in this sentence.

If you have legitimate reasons to dismiss a staff member with a disability, you can certainly do as you would with any employee- that is, of course, as long as you have made all adjustments within reason, been through a fair dismissal process, and have considered all other alternatives and feasible adjustments.

For example, if gross misconduct is committed or several redundancies are made, and the selection is fair and not in any way related to the person’s disability, the person can be dismissed.

Last word…

Looking at these commonly asked questions not only demonstrates the barriers workers and employers face, but they also exemplify that attitudes, support and a lack of knowledge are prevalent in workplaces across the UK.

Many of these searches are based on the legal implications of employing a person with a disability and potential requirements of adjustment, demonstrating that a vast knowledge gap around disability in the workplace still exists.  If we work to change our workplace cultures and educate ourselves, we will be able to reap the rewards and business benefits that inclusion brings.

 

If your organisation wants to learn more about strengthening its inclusion strategy, contact Bascule Disability Training today to find out about our range of services…