Is it easy to prove a disability in the workplace?
06 March 2018
What is the definition of disability?
A disabled person is defined as someone with a physical or mental impairment that has a ‘substantial’ and ‘long-term’ effect on their ability to do normal daily activities (Equality Act 2010).
What are the benefits of employing disabled people?
There are nearly 7 million people of working age in the UK with a disability or have a health condition. Historically there has been a significant gap between the proportion of disabled people employed compared with non-disabled people.
Encouraging applications for people with a disability is good for business. It can help you to:
• increase the number of high-quality applicants available
• create a workforce that reflects the diverse range of customers it serves and the community in which it is based
• bring additional skills to the business
The costs of making reasonable adjustments to accommodate disabled employees are often low and there are help and support from other organisations.
The benefits of retaining an experienced, skilled employee who has acquired an impairment are usually greater than recruiting and training new staff.
What are reasonable adjustments?
Employers have a legal duty to make reasonable adjustments to support disabled job applicants and employees. This means ensuring disabled people can overcome any substantial disadvantages they may have to do their jobs and progressing in work (Equality Act 2010).
Expert employment solicitor Robert Rocker explains and answers some questions about disability discrimination and what is classed as a disability?
Transcript of the video
My name is Mark Ferron from Castle Associates and I speak to employment law experts across the country and in this short video I am speaking to employment law expert and solicitor Robert Rocker about disability discrimination
Is it easy to prove disability discrimination in the workplace?
To prove disability discrimination an employee has to show that they have a disability and that that disability impacts on their day-to-day activities. They also have to show that the employer was made aware of the disability and that the employer failed to make reasonable adjustments.
How is a disability identified or assessed?
A disability has to be a mental or physical disability that is substantial and it had long-term effect and impacts on your day-to-day activities. Now, this can be proved to your employer by the production of medical records, sometimes employers would want to do occupational health investigations. Those are the ways that you would seek to establish that you've got a disability.
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