The Department of Work and Pensions updated their advice for Employers on employing disabled people in July 2014.
You can see the advice here, which includes information about:
- recruiting disabled people
- help you can get to employ disabled people
- disability law
- advice on specific conditions, and
- guidance from other organisations
Any queries you have about this area of employment law, which can be complicated, please let us know!
When considering if a worker is disabled or not for the purposes of being covered by the Equality Act 2010, Employers must consider the impact of any physical or mental impairment (disability) on the workers “ability to carry out normal day-to-day activities”.
Under the new Act, a person is disabled if they have a physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities (which would include things like using a telephone, reading a book or using public transport).
‘Normal day to day activity’ was, in 2016, found by the Employment Appeal Tribunal to also include many skills and activities commonly required for work (you can read more details in our additional disability article given above).
As before, the Act puts a duty on employers to make reasonable adjustments for staff to help them overcome disadvantage resulting from an impairment. Disabled people are no longer required themselves to establish that their treatment is less favourable than that experienced by a non-disabled employee.