If you have taken steps to recruit a candidate with a disability, or found that an existing employee is disabled, there are steps that you should take as an employer.
Talk
First things first. Talk to the candidate / employee to find out what support (if any) they may need. I emphasise this point through an anecdote. The story goes that a large corporate employer spent several thousand pounds installing a new set of lift buttons, lower to the ground, prior to the first day of a wheel-chair user. On their first morning, the wheelchair user rolled into the lift and pulled out a stick with a squash ball on one end; perfect for pressing lift buttons at the usual height. The lesson here? Making assumptions can be unnecessarily costly; speaking to the individual concerned is paramount.
Information
Employers will need to find out if the individual has assistance agreed or a grant available through Access to Work, a publicly funded programme that helps more disabled people start or stay in work. If not, consider a workplace assessment though HR or Occupational Health so that you can make informed decisions on how best to enable the individual in their job.
Adjustments
Consider the adjustments recommended following the workplace assessment, from Access to Work and the individual. Employers will need to implement those that are reasonable, which will depend on the size and type of your organisation. Expectations will be higher for larger organisations with greater access to resources for equipment or building alterations than for a small independent retailer. However, on the whole adjustments are often simple and relatively inexpensive. For example, a phased return after sick leave, a raised desk for back problems, a larger computer screen for visually impaired, a designated parking space, different sickness absence triggers.
Do remember the aim of the adjustment is to take away the disadvantage for the disabled person and enable them in their role
Employers should document a review schedule to consider the adjustments regularly with the employee, ensuring they are doing all that they should, particularly during periods of change.
Heath and GDPR
Confidentiality and privacy during discussions and in holding health or medical data is paramount, as this is a ‘special category’ of personal data under GDPR. This is because this type of data could create significant risks to a person’s fundamental rights and freedoms (for example putting them at risk of discrimination), and so it needs greater protection. Employers should have the lawful basis for processing this data ad the specific conditions covered in their Privacy Notices.
Equalities Act
Disability is a protected characteristic under the Equalities Act therefore employers are obliged to make reasonable adjustments if they are aware of a disability.
As well as avoiding an Employment Tribunal, being receptive to making reasonable adjustments means employers are more likely to retain the skills of a worker who has become a disabled person just by making a few changes.
If you need support with disability or ill-health in the workplace get in touch with Redway HR.