![]() ![]() Liability can arise if there were clues that should have put the organisation on enquiry. However, employers can be more vulnerable to a successful tribunal claim, in cases of hidden disabilities. The duty to make reasonable adjustments does not arise unless it knew or should have known about the employee’s disability. ![]() Ultimately it is for the employer to weigh up the different factors to determine what steps are reasonable. They may need to have constructive conversations with an employee on sensitive health issues. Employers may need to be open to doing things differently and to obtain input from an occupational health specialist or other expert. However, not only does the Equality Act prohibit direct and indirect disability discrimination, it also creates a duty on employers to make reasonable adjustments for disabled employees.Ĭomplying with this duty can be complex. Why does it matter?Įmployees with a disability are protected under the Equality Act. These are sometimes referred to as ‘hidden disabilities’ and can include asthma, attention deficit hyperactivity disorder, autism, coeliac disease, depression, endometriosis, epilepsy, long covid, and narcolepsy. Specific conditions such as cancer are automatically a disability, even if it has not yet had an adverse impact on the individual.ĭisabilities can be obvious, such as a mobility impairment or they may be less visible or only evident in certain circumstances. The scope of disabilities under the Equality Act is wide. The impact must have lasted for 12 months or be likely to last for at least 12 months. Day-to-day activities include reading and writing and social activity. A person is disabled if they have an impairment that has a substantial, long-term adverse impact on day-to-day activities. It does not have to be a specific medical condition. Whether or not someone is entitled to disability benefits or a blue badge is not conclusive. The Equality Act 2010 has its own definition of disability. ‘What can come as an even greater surprise is that those legal obligations may arise even if the employee has not told their employer about the disability.’Įlizabeth looks at hidden disabilities and debunks some common myths about what employers need to know to trigger their responsibilities under the Equality Act 2010. ‘Employers are sometimes surprised by the level of support that they are legally required to provide to disabled employees,’ according to Elizabeth Bartle, a partner in the employment team with Ingram Winter Green. Have you ever spotted someone wearing a lanyard with a sunflower as a means of indicating that they have a non-visible disability (also known as a hidden or invisible disability)? But not everyone wishes to advertise their disability, and some people may not know that they have one.
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