Disability in Terms of the 2010 Equality Act
According to the 2010 Equality Act (EA), it is illegal if an employer is prejudiced against disabled people, regardless if they are a worker or someone requesting work. 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. In addition, those with multiple sclerosis, cancer, an HIV infection or certain visual conditions are automatically classified as being disabled.
Managing unsatisfactory 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.
The definition of "reasonable adjustments"
Keep your business practices and policies up to date to ensure that your disabled workers are on a level playing field with non-disabled workers, as is required by current equality and diversity legislation. Employers must also provide the necessary assistance or services that would keep a disabled worker from being at a disadvantage. Supplying modifications for equipment or additional tools necessary to perform the job are required of employers that are aware of existing disadvantages.
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 need to always take the first step under these circumstances, instead of the person with the disability, however they need to know that questions related to health are limited before offering them a job.
Being familiar with EA requirements will enable you to retain valuable employees who become disabled and help you to avoid discrimination claims that could have an adverse effect on employee recruitment and on your relationship with clients, suppliers and other companies in your industry.
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. In addition, those with multiple sclerosis, cancer, an HIV infection or certain visual conditions are automatically classified as being disabled.
Managing unsatisfactory 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.
The definition of "reasonable adjustments"
Keep your business practices and policies up to date to ensure that your disabled workers are on a level playing field with non-disabled workers, as is required by current equality and diversity legislation. Employers must also provide the necessary assistance or services that would keep a disabled worker from being at a disadvantage. Supplying modifications for equipment or additional tools necessary to perform the job are required of employers that are aware of existing disadvantages.
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 need to always take the first step under these circumstances, instead of the person with the disability, however they need to know that questions related to health are limited before offering them a job.
Being familiar with EA requirements will enable you to retain valuable employees who become disabled and help you to avoid discrimination claims that could have an adverse effect on employee recruitment and on your relationship with clients, suppliers and other companies in your industry.