Disabled people have a lot to offer employers but they frequently face discrimination in the job market. However, almost 7 million people in Britain of working age are disabled or have a health condition; ignoring the skills, qualities and capabilities of this group of potential employees can mean missing out on some high-quality and dedicated members of staff.

Some recruiters are anxious about whether a disabled person could fulfil their job role, while others do not understand the legislation that exists, perhaps mistakenly believing that health and safety rules make it difficult or impossible to cater for a disabled person in the workplace. Some employers believe that implementing the adaptations and adjustments that a disabled person may require could be prohibitively expensive.

All of these are common misconceptions about managing disabled people in the workplace, so what are the facts?

How is ‘disability’ defined?

The Equality Act defines disability as “a physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on your ability to do normal daily activities.

“‘Substantial’ is more than minor or trivial, e.g. it takes much longer than it usually would to complete a daily task like getting dressed, and ‘long-term’ means 12 months or more, e.g. a breathing condition that develops as a result of a lung infection.”

This definition covers many people who have mental health problems, sensory impairments, mobility difficulties, learning disabilities, heart conditions, musculoskeletal conditions, epilepsy, disfigurement and more.

Some people are classified as disabled, or having a disability, by the Equality Act when they would not use that terminology to describe themselves. However, regardless of whether they self-define in this way or not, they are still covered under the Equality Act’s legislation.

The Equality Act 2010

It is illegal to discriminate against disabled people when they apply for jobs or are already in employment. The Equality Act 2010 protects individuals with certain ‘protected characteristics’ - such as disability, race, age and sexual orientation - from discrimination and unequal treatment.

As well as protecting disabled people from discrimination, the Equality Act 2010 also protects those associated with disabled people (e.g. it would be illegal to fire somebody because their partner was disabled) or who are perceived to be disabled, even if they are not.

So, The Equality Act means that it is against the law to treat an employee or person applying for a job less favourably because they are disabled. In addition, the Act requires that an employer is responsible for making ‘reasonable adjustments’ to ensure that disabled employees are not placed at a disadvantage when compared to non-disabled staff.

Reasonable adjustments

Reasonable adjustments allow disabled people to have the same access to the workplace as their non-disabled colleagues. This is covered in three points of the legislation:

1. Practices, provisions and criterions: these terms describe the way an employer does things

2. Overcome physical barriers: this can involve making changes such as installing a ramp for a wheelchair user

3. Providing extra equipment or assistance: disabled people may require equipment or support to carry out their jobs, such as hearing-aid loop systems for Deaf and hearing-impaired employees.

The aim of a reasonable adjustment is to allow a person with a disability to carry out their work in a way that does not put them at a disadvantage or an unequal footing with their colleagues.

Examples of reasonable adjustments vary from person to person, but could include:

• Allowing somebody with mental health problems to work from home or use flexi-time, as needed
• Rearranging office furniture so that a wheelchair user can mobilise easily
• Providing a supportive office chair for an employee with back pain
• Installing speech-recognition software for employees with severe dyslexia
• Providing written information in large print, easy read or Braille versions
• Offering an adapted keyboard or mouse to somebody who has difficulty using their hands.

When considering what kinds of adjustments might help an employee, consult them at every stage. They are the experts on their condition and their needs, and will know what will help and what won’t. Occupational health advisors can have some very specialised knowledge, so it can be useful to consult them, too, when considering what adjustments might help somebody.

You might also want to consult their Fit for Work statement, if they have been off sick. The Fit for Work statement, also known as a Fit Note, is a note from a GP explaining the impact of a person’s condition and what changes an employer could make to enable a return to work.

While establishing the best adjustments for a disabled employee, create a Tailored Adjustment Agreement, which notes the adjustments and adaptations that have been agreed, and any recovery or wellness plans an individual has in place; most likely devised between them and their health or social care workers.

Whether a required adjustment is ‘reasonable’ or not can sometimes be a point of contention. If an adaptation would be very expensive or impractical, employers can refuse to provide it. However, it is advisable to seek advice from accessibility and legal specialists to ensure that everything in your power has been done, and no other adaptations or adjustments are being missed. Bear in mind that a US government report found that over 50% of workplace adjustments cost nothing at all.

Considering how practical an adjustment is, how disruptive it would be to implement, how expensive it would be (especially in relation to the size of the business or organisation) and what assistance may be available to the employer can help an employer and employee or job applicant to establish whether an adjustment could be considered ‘reasonable’ or not.

Also look at grants and funds that can assist employers to provide accommodations or make adaptations, such as charities and Access to Work.

Access to Work

Employers should consider requesting that a disabled employee applies for an Access to Work grant, which can help to fund any necessary adjustments or support.

Access to Work grants can cover expenses that are incurred as a result of practical support for people who are in work, applying for work, or in self-employment.

In order to be eligible for Access to Work grants, employees must be over the age of 16 and in, or about to start, paid work. They must have a disability or health condition that affects their ability to do a job and that means that there would be costs associated with working. This could be, for instance, the costs of taxis to work if public transport is inaccessible, or the cost of a sign-language interpreter.

Unlike with benefits such as Employment and Support Allowance or Personal Independence Payments, there are no set amounts that a disabled person claiming Access to Work might be entitled to; it is calculated on a case-by-case basis. Since 1st October 2015, the maximum a person can claim per year is £40,800.

Some Access to Work payments may be one-offs, for instance to purchase a special, supportive chair or to pay for speech-recognition software. Others may be ongoing, such as paying for support workers or travel expenses.

Disability and Health and Safety legislation

The Health and Safety at Work Act (1974) states that every employer is responsible for protecting its employees from injury or harm at work, as far as possible. This includes providing for the welfare of disabled employees, and ensuring that disabled employees don’t somehow cause health and safety issues for their colleagues.

Often, accessible workplaces benefit more people than just the employees with disabilities who work within them. Fewer steps can mean fewer trips and falls, while clear signage makes a workplace easier to navigate for everybody within it. In this way, having disabled employees can lead to a healthier workplace for all employees.

Start by carrying out a risk assessment for the workplace and, if you identify specific risks associated with a disabled person, revise and extend the existing risk assessment to incorporate any new challenges or issues (there is no need to carry out a risk assessment on an individual disabled person).

Occasionally, hiring or continuing to hire disabled employees could be considered to be a risk to other employees’ health and safety at work. In these circumstances, rather than simply terminating their employment, consider whether they could work safely in a different role, or with better support or adjustments in place.

How to recruit disabled people

Some organisations are making a special effort to encourage disabled people to apply for jobs, and there are a number of ways in which employers can make it easier for disabled applicants to put themselves forward.

• Advertise the job on websites and in publications designed for disabled people
• Make the job adverts accessible, e.g. use text that a screen reader can understand instead of an image with text embedded into it, and use a large font in print adverts
• Make it clear that the organisation actively encourages disabled people, and people from other protected groups, to apply for the job
• Consider publicising your job advert with the ‘two ticks’ scheme, which guarantees that disabled people who meet the minimum criteria will get an interview
• Be prepared to make reasonable adjustments for candidates who get an interview, to enable them to attend.

Disability discrimination

According to the Equality Act 2010, there are four main types of illegal discrimination that disabled people can be faced with:

1. Direct discrimination

Direct discrimination is when a disabled person is treated less favourably because of their disability or impairment. This can include being turned down for a job or being refused a promotion because of their condition.

2. Indirect discrimination

Indirect discrimination is when there is a rule that applies to everybody in the workplace that makes things harder for a disabled person, such as moving offices to somewhere less accessible, or requiring that all employees start at 8am when one employee takes medication and can’t function early in the morning.

3. Harassment

People in protected groups are also safeguarded against harassment, which is defined as “unwanted conduct related to a relevant protected characteristic, which has the purpose or effect of violating an individual’s dignity or creating an intimidating environment for that individual”.

4. Victimisation

The Equality Act 2010 safeguards disabled people against victimisation, which is when a disabled employee is treated unfairly as a result of making a complaint about disability discrimination.

Where, within an organisation, can disability discrimination occur?

Disability discrimination can take place within a number of processes and systems. It is important that employers protect themselves and act ethically by eliminating any risk of discrimination in the following instances:

• When recruiting and selecting for new posts
• When selecting for promotions
• When determining an employee’s pay
• During training and development
• When addressing discipline or grievances
• Whenever bullying or harassment is being addressed.

Workplace disability dos and don’ts

Do get an employee’s permission before requesting to talk to their doctors or specialists.

Don’t ask an employee or job applicant to reveal personal details about their disability.

Do question whether a current employee should be ‘let go’ if they develop a disability or health condition. Often, an employee can be supported to continue in their role or, if not, to work in a different position at the same organisation (although retaining the individual in their existing role is always preferable).

Don’t make assumptions. Some impairments are invisible, while others appear to be more apparent, but the impact a disability can have on an individual’s ability to work should be established by respectful communication, not guesswork.

Do get advice. When a line manager or recruiter is faced with the potentially complex situation of a disabled person applying for a job, they may feel ill-equipped to deal with it. Consult with HR managers or occupational health specialists, as well as the disabled person themselves, to find the best solutions.

Don’t presume that somebody who has developed mental health problems, for instance, is no longer capable of high-level work, or that a job applicant who is Deaf will not be able to communicate with customers and colleagues. Always speak to the individual and establish what the facts are before making blanket judgements.