The statutory questionnaire procedure was abolished when the government decided to remove the statutory equality questionnaire process as part of its ‘red tape’ consultation back in 2014.
A person is disabled if they have a physical or mental impairment which has a substantially adverse and long-term effect on their ability to carry out normal day-to-day activities. In the workplace such activities are taken to include things like using a telephone or computer, interacting with colleagues, following instructions, driving and carrying everyday objects.
How do you assess what a reasonable adjustment is?
| by Nick Singer
Under the Equality Act 2010 an employer has a duty to take make reasonable adjustments when a workplace feature or practice puts a worker or job applicant with a disability at a disadvantage.
The Equality Act 2010 places a duty on all employers to make ‘reasonable adjustments’ to accommodate the needs of their disabled employees and any disabled job applicants
Discrimination arising out of a disability is where an employer treats their employee unfavourably because of something arising in consequence of that employee’s disability and the employer cannot show that the treatment is a proportionate means of achieving a legitimate aim.
What are examples of discrimination arising from a disability?
| by Nick Singer
Discrimination arising from or as a consequence of a disability is a concept which often catches employers out at an employment tribunal and below is a few examples: 1. Dismissing an employee for disability-related absences
Discrimination arising out of a disability, is this something difficult to prove or establish?
| by Nick Singer
It really just depends on the facts and sometimes it's so obvious that everyone agrees and accepts it and you just argue about the justification but at other times it can be extremely difficult.