Claims related to disability make up a large proportion of the number of employment tribunal claims every year. That fact, along with potentially unlimited compensation, means that this is one of the trickiest areas faced by employers. We’ve set out some handy pointers below, but if you have any concerns about dealing with a disabled employee or job applicant, always seek advice.
Points to remember:
- You can’t tell whether someone has a disability just by looking at them. Don’t make assumptions.
- The legal definition of disability is not necessarily the same as the medical one.
- If someone is ill enough to affect their day to day activities for a year, they will be considered to be disabled.
- Never make assumptions about what a disabled person can or can’t do: always get medical advice and information from the employee.
- There is a duty to make reasonable adjustments to prevent disabled employees from being placed at disadvantage.
- If you decide that it would not be reasonable to make an adjustment, document why you’ve made that decision.
- If you have someone on long term sick, always think disability.