Disabled Employment

As a result of the Equality Act 2010, discriminating against a worker because of a mental or physical disability is now illegal. Employers also have to make reasonable adjustments so that a person with a disability could be accommodated as well as a non-disabled person.

 

Key Points of the Act

  • If somebody has a mental or physical impairment which has a substantial effect on their ability to carry out normal day to day activities, they can be classified as disabled. This includes tasks like using a telephone, reading a book, or using public transport.
  • Disabled people are provided with protection from discrimination in a range of areas including employment.

 

 

The main kinds of discrimination include:

Direct Discrimination

This is where an employee is treated differently and not as well as other people because of a disability that they may have.  If somebody isn’t hired because of a disability they have, it can be broken down into three different types of direct discrimination.

 

  • Direct discrimination- this is due to their own disability.
  • Direct discrimination by perception- a perceived disability.
  • Direct discrimination by association-this is direct discrimination by association.

 

Indirect Discrimination

This kind of discrimination can occur when an everyday task is applied to all workers including those with disabilities. If a candidate has a severe back problem, they may be rejected for a job if it entails heavy lifting.

 

Harassment

This is where unwanted conduct in the work place because of a person’s disability causes a distressing, humiliating or offensive environment for that person.

 

If an employee is treated unfairly because they have made or supported a complaint about disability discrimination, this can lead to them experiencing a feeling of being victimised by their employer.

Rules should be put in place which are designed to prevent discrimination in:

  • Recruitment and selection
  • Determining pay
  • Training and development
  • Selection for promotion
  • Discipline and grievances
  • Countering bullying and harassment

 

Employers should look to see what reasonable adjustments can be made to the work place to ensure that disabled workers can manage their job adequately and ensure they feel safe and happy. For example, they could supply a special chair or power assisted piece of equipment. They could also move that person to a different job or different type of work if necessary.

 

The law states that providing equality for disabled people may mean an organisation adjusting the way it does things and carries out tasks. This can include providing extra equipment or the removal of physical barriers. All employers have a duty to make reasonable adjustments to ensure that they can accommodate all employees including people who have physical disabilities. If the adjustments needed are reasonable for the organisation to make, then it must make them. They will have to anticipate what difficulties disabled people will have and make the changes to make it easier for them to manage before any potential incidents take place. This includes for people with a hearing, visual, mobility or learning impairment. If disabled people in the work place can prove an organisation should have made adjustments but didn’t, they can bring a claim against them in court. If they win their claim the organisation may be told to pay compensation and make the reasonable adjustments. A person’s disability must not be a reason to promote a non-disabled person over a disabled person or must not be the reason for dismissing someone if they cannot carry out a task. If anything like this happens the employee can take the organisation to an industrial tribunal and they may be forced to pay compensation.

 

To help a disabled person take on and maintain employment, there is a government grant which they can use to help pay for any equipment or support that they may need whilst in work. To gain an “Access To Work” grant a disabled person can either work full or part time, be self-employed or under taking an apprenticeship and may be considered if they identify a work trial that has a real possibility of them being employed. They will have to undergo an application process and the support, equipment and travel cost must be related to their needs as a disabled person and not for a business benefit. Examples of the kinds of support people can use through Access to Work include:

  • a support worker, such as a reader for somebody with a visual impairment

 

  • A specialist job coach for a person with a neurological condition or an individual who provides   personal care needs at work.

They may also be able to apply for specialist equipment or alterations to existing equipment to address their particular needs and this can include alterations to premises or a working environment to make it more accessible.

 

If they have travelling difficulties, help towards the additional costs of taxi fares may be provided if they can’t use public transport.

 

You can get help if you are:

 

  • Disabled or have a health condition that impacts your ability to work and you are   16 or over.
  • If you   need help at a job interview with an employer.
  • You’re about to start employment or already employed.
  • It might also be possible to get help if you are looking to start   a work experience opportunity under the Youth Contract.
  • Or looking to set up your own business.
  • You may be on a supported internship as part of the Department for Education
  • Programme or on a traineeship as part of a Department for Business, Innovation
  • and Skills and Department for Education programme (Places will begin to be
  • Available from August 2013) or on a sector-based work academy offering pre-employment training and work placements in growth industries with a guaranteed job interview.

There are specialised employment and training services that help support people with specific disabilities or help problems with in work. These include The Brain Charity in Liverpool who provides support for people with neurological conditions. They:

  • Aim to respond within a week, but this may be subject to time and priority.
  • Firstly, priority is around Employment, Access to Work. Secondly, retaining or remaining in employment; this includes full, part time and self-employment and agency workers. Thirdly, Apprenticeships training & traineeships and work trials and fourthly, Employers looking to recruit or retain employees.
  • ·       Education, Employability courses and Training will be set up internally or provided externally.
  • ·       Where and when appropriate options for training, education etc. will be given and if we can’t help in any way we will refer or signpost on. Who They Support?
  • People with a neurological condition and their carer’s.
  • Individuals, their carer’s and employers either face to face or by e-mail/telephone.
  • Training and support for individuals and employers about rights and responsibilities under the equality act and other applicable legislation may be considered.
  • Referral arrangements – there are a number of ways referrals can be made. This includes referral form, face to face, by phone or e-mail and can be made by individuals, groups and organisations.
  • Please note that this service is part time and it may be necessary to manage expectation. If direct help or support cannot be offered, signposting and referrals will be suggested. Please also note that they do not offer a drop in service.

 

 

 

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