If a disabled employee is off work for a reason related to their disability, you should always consider whether any reasonable adjustments need to be made.
This can mean changing how you normally do certain things in order to accommodate the needs of a disabled employee. The purpose is to reduce or remove the disadvantages faced by a disabled person, which prevent them from doing their job or being fully involved at work. There are many types of reasonable adjustments you can make; some of these include revising your managing absence procedure, altering a disabled employee’s working hours, patterns or duties, providing information in accessible formats, making physical alterations to your premises and so on. The extent of an adjustment will always depend on the individual circumstances of each case. This
duty is a legal requirement.
For example a teacher who is absent from work due to a degenerative back injury and leg pain has difficulty using stairs and standing or sitting for prolonged periods.After consulting the employee and considering medical advice, the employer agrees a reasonable adjustment of reduced working hours finishing at 2pm.
The
Disability Code of Practice (pdf) provides guidance on the reasonable adjustment duty. Chapter 5 gives examples of how to change the way things are done by making adjustments to 'provisions, criteria or practices' and ‘physical features’ of premises which substantially disadvantage a disabled person compared to people who aren’t disabled. This includes adjustments to employment policies and procedures, employment contracts, recruitment and selection criteria, working conditions and so on. For example:
- An employee with M.E. has been off work for a 4 month period and has been recommended a gradual return. The employer agrees a flexible and structured plan with the employee of two periods of two hours per week until the employee can increase their level of activity by 10% and sustain it over time.
- A disabled woman has been absent from work because of pain from severe and worsening arthritis in her hands. Her employer agrees to make an adjustment to her computer equipment, the door handles in the office and the taps in the kitchen and toilet.
Chapter 8 of the Disability Code of Practice (pdf) provides information on how to avoid disability discrimination from happening during the employment relationship including terms and conditions of service, induction, training and development, workplace benefits, promotion and transfer, managing ill health and termination of employment.
- For example, an employee becomes disabled because of a back injury. After talking to the employee and taking specialist advice the employer decides there are no adjustments that can be made to the present role. A different post at the same level of seniority is vacant and the employee is given the opportunity to transfer.
The publication
Flexible Working – A Guide for Employers (pdf) provides information on the reasonable adjustment duty and flexible working arrangements for disabled employees. The Commission also provides free
training for employers on disability equality in the workplace.
The Disability Discrimination Act 1995 (as amended) states that people who are diagnosed with cancer are deemed to be disabled from the point of diagnosis rather than from the point when the condition has some adverse effect on their ability to carry out normal day-to-day activities.
Under the law, employees with cancer cannot be treated less favourably than other staff - this could be deemed discrimination. This includes during recruitment processes, employee terms and conditions, benefits, and opportunities for promotion and training.
Good practice steps for supporting employees affected by cancer:
1. Encourage an open culture, talk early and stay in touch
2. Be flexible, listen, understand and ask
3. Update your policies and review effectiveness of reasonable adjustments
4. Offer easy access to your guidelines and policies
5. Ensure contact with occupational health service if you have one
6. Ensure a smooth transition back to work
7. Provide HR Support and train your managers
8. Find relevant support services
9. Seek work and cancer support from
MacMillan
10. Seek support from the Equality Commission NI
Further guidance is available by contacting our Employer enquiry line 028 90 890 888 or email
edenquiries@equalityni.org
Sex equality law protects women from discrimination on the grounds of pregnancy and maternity leave. In these circumstances a woman does not have to compare herself with someone who is not pregnant or on maternity leave to show that she has been treated less favourably.
For example a woman who is 16 weeks pregnant and who has been absent from work on three occasions due to morning sickness is entitled to receive the same sick pay as other employees. Her absence should be recorded separately from non- pregnancy-related sickness absences and must not count towards her total sickness record or used as a reason to discipline or
penalize her.
If a person is undergoing gender reassignment, they are protected by sex discrimination law. This also applies to someone who has undergone gender reassignment in the past or is planning to undergo the process.
It is good practice to discuss as far as possible in advance what time off a transitioning member of staff may require for any medical or surgical procedures. In these circumstances you should ensure that you do not treat the employee less favourably, as they are entitled to the same sickness absence and pay as other employees in the organisation.