I Wonder How I Avoid Disability Discrimination in the Workplace?

Understanding Disability Discrimination

Creating an inclusive and supportive workplace for individuals with all different types of abilities requires more than just compliance with legal obligations. It involves implementing proactive strategies to prevent disability discrimination in the workplace and promote a more inclusive and diverse workforce.

The Equality Act 2010 protects people from discrimination in the workplace. The Act states an employee is considered disabled if:

1. They have a physical or mental impairment.
2. The impairment has a substantial and long-term effect that has lasted or is likely to last 12 months or more.
3. The impairment negatively affects their ability to perform normal daily activities.

Importantly, employees do not need any length of service to bring a disability discrimination claim. If such a claim is successful, the compensation awarded by an Employment Tribunal would be uncapped.

When Can Disability Discrimination Occur?

Disability discrimination can occur in several ways, for example:

• Direct Discrimination: When an employee is treated less favourably due to their disability.
• Indirect Discrimination: This happens when a workplace policy or way of doing things unfairly puts a disabled employee at a disadvantage compared to others and the employer cannot show a good reason for it or that it was necessary for a legitimate purpose.
• Harassment: where an employee is subjected to unwanted conduct related to their disability.
• Victimisation: an employee is penalised for making or intending to make a disability discrimination complaint.

Discrimination Arising from Disability

Discrimination arising from disability occurs when someone is treated unfavourably not directly because of their disability, but due to something connected to it. For example:

• Absences related to illness.
• Challenges with movement.
• Difficulties in reading, writing, speaking, or understanding.

Employer Responsibilities

Employers have a legal duty to:

• Make Reasonable Adjustments: Adapt the workplace to ensure disabled employees are not at a substantial disadvantage when carrying out their duties, whether in the workplace or working from home.
• Provide Support: Ensure necessary accommodations are in place for disabled employees to perform their roles effectively.

Challenges Faced by Employers

Employers often encounter challenges in effectively addressing disability-related issues, such as:

• Lack of Awareness and Training: Insufficient understanding of disabilities and disability discrimination hinders proactive measures and prevents the employer from taking the necessary steps to address the issues and implement change.
• Inadequate Policies and Procedures: If employers do not have the right policies and procedures in place, they are more likely to struggle to handle requests for reasonable adjustments and to address complaints properly.
• Miscommunication: Poor communication can lead to misunderstandings and resistance from employees to request reasonable adjustments. This is especially difficult where there are challenges or rather, the culture or attitudes within the organisation may discourage employees from disclosing their disability or requesting an adjustment.

Practical Steps Employers Can Take to Avoid Disability Discrimination

Employers should promote a culture where everyone feels included and is comfortable to disclose their disability requirements without fear of being prejudiced or seen as requesting ‘special treatment’. Employers should also ensure there are adequate measures in place to ensure employees are able to bring their needs to the attention of the employer should adjustments be requested.

Some of the practical steps employers can take to these challenges are:

1. Foster an Inclusive Culture. By encouraging open conversations about disabilities to reduce stigma and build understanding, employees may feel more comfortable disclosing their needs without fear of prejudice within the organisation. Senior managers should champion inclusivity and demonstrate a commitment to diversity through regular training, using inclusive language, and demonstrating flexibility towards those with diverse needs.

2. Provide Effective Training.  providing training to all employees and staff on disability awareness and the importance of inclusivity and recognising when and where reasonable adjustments may be required. Employers should make sure that ongoing training is provided to all employees to help staff understand what disability discrimination is and create awareness on the impact it will have on disabled people.

3. Review Policies and Practices. Regularly reviewing and assessing internal procedures, such as staff handbooks, workplace guidelines and recruitment processes will help identify potential barriers to people with disabilities and practical changes to address them. Employers should amend outdated policies to ensure compliance with legal requirements and best practices. Employers may consider engaging employees to review these practices to gain a diverse perspective on barriers and challenges.

4. Promote Transparent Communication. Establish clear channels for employees to voice their concerns and needs and be clear on how such requirements  will be addressed. Clear communication helps promote and foster an inclusive workforce where everyone feels included and heard.

5. Monitor and Evaluate Progress – Employers should regularly evaluate the effectiveness of implemented adjustments through staff surveys and recruitment monitoring to understand the experiences of the workforce and identify areas for improvement.

It is equally important to recognise and remember that such duties are owed to job applicants. Employers must therefore adjust their recruitment and selection processes to ensure they accommodate disabled candidates. For example, employers can include a clear statement in job adverts encouraging candidates to request reasonable adjustments, offer application forms and recruitment materials in accessible formats such as large print, Braille, or audio and ensure their online platforms are compatible with assistive technologies like screen readers. These proactive measures help create a fair and inclusive recruitment process that values the abilities of all candidates and avoids disability discrimination.

Employers need to be aware of the responsibilities they have towards their disabled employees and ensure appropriate steps are taken to implement inclusive practices. Addressing disability discrimination is not only a legal requirement but a moral imperative that requires ongoing commitment to training, reviews of internal procedures and development through inclusive and effective communication. By fostering a supportive and inclusive workplace, employers can ensure compliance with the Equality Act 2010 while benefiting from a diverse and engaged workforce where all employees feel valued, supported, and empowered to thrive.

If you have any questions about your responsibilities as an employer, or if you would like help amending your policies, please get in touch. Our Employment Team can be contacted by emailing employment@warnergoodman.co.uk or by calling 023 8071 7717.