Committing to the scheme shows an organisation’s willingness to support disabled people into work and thrive while there. It can also support compliance with an employer’s obligations under the Equality Act 2010.

My client has recently offered employment to an individual who has disclosed that they are disabled. They want to know what their legal obligations are towards this person and what they can do to support them at work. What advice can you offer my client?

The Disability Confident Scheme is designed to support employers in employing disabled people and identifying ways they can be supported to fulfil their full potential and increase successes within the business.

According to the scheme, becoming a Disability Confident employer can help employers draw from a wider pool of talent and save on recruitment costs by reducing employee turnover, in turn keeping valuable skills and experience in the business, reduce sickness absence levels, and improve employee morale and commitment by demonstrating that employees are treated fairly.

Whether aligned with the scheme or not, there is plenty employers can do to support employees to settle into their role and achieve their full potential. There is another good reason for doing this: complying with the law.

The Equality Act 2010 (EqA) prohibits employers from discriminating against disabled staff and obliges them to make reasonable adjustments that accommodate an employee’s disability and remove the disadvantages they face compared to those who are not disabled.

The duty to make reasonable adjustments is triggered where the individual meets the definition of ‘disability’ under the EqA.

A ‘disability’ is a physical or mental impairment, which has a substantial (more than minor or trivial) and long-term (the impairment has lasted, or is likely to last, for at least 12 months) adverse effect on someone’s ability to carry out normal day-to-day activities.

What adjustments are needed will depend on the nature and severity of the person’s disability. The best place to start therefore is to speak to them about what adjustments might be needed to accommodate their disability. An occupational health assessment can also be beneficial in identifying suitable reasonable adjustments.

Reasonable adjustments can take the form of physical adjustments to the workspace, provision of auxiliary aids, and also adjustments of various organisational policies and procedures. They can include:

• Allowing time off for medical or therapy appointments.
• Providing specialised equipment, such as ergonomic chairs or voice-activated software.
• Allowing flexible working hours or part-time work arrangements.
• Reassigning tasks or amending work duties to better suit the employee’s abilities.
• Changing the physical workspace, for example, providing quiet areas or adjusting seating arrangements.
• Ensuring accessible facilities such as ramps, wider doorways, and disabled welfare facilities.
• Introducing a ‘buddy’ or support system in the workplace.
• Providing noise-cancelling equipment, such as headphones or earplugs, for employees sensitive to noise.
• Adjusting policies and procedures, such as sickness absence triggers if the employee is absent due to their disability.

Only adjustments that are reasonable need to be implemented. Reasonableness will depend on the nature of the disability and the work and the size and resources of the organisation. 

By Stacie Cheadle, Croner technical writer

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