Under the Equality Act (EA) 2010, no employer may treat a disabled person in terms of recruiting, training, promotion, dismissal or redundancy, less favourably, than any other person.
This may mean that in order to take on a disabled employee, or retain one who has become disabled whilst in work, you need to make reasonable adjustments to enable a disabled person to carry out a particular job, so that they are not disadvantaged.
Determining whether it is reasonable for an employer to take a particular step in order to meet the requirements of the act, particular regard will be given to the extent to which it is practicable for the employer to take the steps, the extent of the employer's financial and other resources, and so on.
A "disabled person" is legally defined as someone with "a physical or mental impairment that has a substantial and long-term adverse effect on his/her ability to carry out normal day-to-day activities".
Normal-day-to-day activities include mobility e.g. being able to walk to the local shop, manual dexterity – e.g. typing, physical co-ordination, continence, ability to lift, carry or otherwise move everyday objects, speaking, hearing, seeing, memory or ability to concentrate, learn or understand, the perception of the risk of physical danger.
Some examples of reasonable adjustments are: altering the person's working hours; allowing absences during working hours for medical treatment; giving additional training, getting special equipment or modifying existing equipment and changing instructions or reference manuals.
Most adjustments are simple and low or no cost – such as raising or lowering pieces of furniture or allowing someone to use a car parking space. Not every disabled person needs sophisticated equipment or support, and if they do, the Government’s Access to Work scheme can help to fund this.
This scheme, allows payments to be made to employers to help pay for support provided to the disabled employee, but it is the employee who has to apply for the grant.
The tax system supports employers of disabled people, and there are a range of tax reliefs available.
Employers can also seek advice from the Fit for Work service, which supports them to retain greater numbers of people in work when they become sick or develop an impairment.
There is much research to say that disabled people stay in their jobs longer, thereby increasing retention and saving money on recruitment costs and all the other costs associated with a high turnover of staff.
Research including by the United Nations, the Department of Work and Pensions and major employer B&Q over the last 16 years found that disabled people on average have higher retention rates than non-disabled people. And, as an additional bonus, also have higher productivity rates and attendance records than their non-disabled colleagues. They also boost improved workforce morale and increased customer goodwill.
Disabled employees are also highly committed and motivated, are punctual and have lower rates of absenteeism.
Research has also found companies employing disabled people were far more positive about employing them than those that hadn’t. The Government operates its two ticks scheme which offers advice on encouraging applications from disabled people, and rewards best practice.
Retaining people who acquire a disability in working age, rather than being born disabled, also has benefits. Retaining those staff if possible, who will be experienced in the role, rather than losing them and having to recruit and train new people, makes sense. The RNIB published a vocational rehabilitation report which revealed that keeping a newly disabled person in employment has a cost benefit of at least two-and-a-half times an employer’s investment.
For further advice on employment and disability contact Holly Dobson on 0114 266 6660 or at [email protected]
