Under the (EA) Equality Act of 2010, it is unlawful if an employer discriminates against any disabled person who is either a current employee or a job seeker. This equality and diversity legislation also relates to the recruitment, promotion and dismissal of your employees. In your efforts to comply with the legal requirements, it is also important that you make certain that an employee with a disability will not be burdened substantially more than an employee who does not suffer from a similar issue.
Understanding what is considered a disability
In Great Britain, approximately one in every five adults is disabled, and the legal definition of the term is quite broad. According to the EA, a disabled individual is one with a mental or physical handicap that hampers necessary, daily activities. Some people have an automatic disability classification, such as those suffering from certain visual impairments, cancer, multiple sclerosis or HIV infection.
Managing unsatisfactory job performance
When a person with disabilities has a poor work performance, you are legally able to dismiss or discipline them if that is the action that would be taken if the situation involved an employee without disabilities. If an employee exhibits poor performance that is in direct relation to his or her disability, it is necessary for reasonable accommodations to be put in place that will allow the worker to perform the job.
The definition of "reasonable adjustments"
Equality and diversity legislation requires employers to update their business policies and practices, along with their premises, if they could put someone who is disabled at a significant disadvantage in comparison with a non-disabled worker. Employers must also provide the necessary assistance or services that would keep a disabled worker from being at a disadvantage. This could include additional or modified equipment for doing the job, and the employer must also be fully aware that such a disadvantage exists.
Avoiding trouble in the first place
To prevent future problems, employers would do well to understand any adjustments that a disabled applicant or employee may feel need to be made specifically for them. Employers need to always take the first step under these circumstances, instead of the person with the disability, however they need to know that questions related to health are limited before offering them a job.
By having a firm grasp of EA regulations, you will have an easier time keeping good employees who acquire a disability, and you will be better able to prevent the filing of discrimination complaints that may have a negative impact on your recruitment efforts and on relationships with colleagues, vendors and customers.
Understanding what is considered a disability
In Great Britain, approximately one in every five adults is disabled, and the legal definition of the term is quite broad. According to the EA, a disabled individual is one with a mental or physical handicap that hampers necessary, daily activities. Some people have an automatic disability classification, such as those suffering from certain visual impairments, cancer, multiple sclerosis or HIV infection.
Managing unsatisfactory job performance
When a person with disabilities has a poor work performance, you are legally able to dismiss or discipline them if that is the action that would be taken if the situation involved an employee without disabilities. If an employee exhibits poor performance that is in direct relation to his or her disability, it is necessary for reasonable accommodations to be put in place that will allow the worker to perform the job.
The definition of "reasonable adjustments"
Equality and diversity legislation requires employers to update their business policies and practices, along with their premises, if they could put someone who is disabled at a significant disadvantage in comparison with a non-disabled worker. Employers must also provide the necessary assistance or services that would keep a disabled worker from being at a disadvantage. This could include additional or modified equipment for doing the job, and the employer must also be fully aware that such a disadvantage exists.
Avoiding trouble in the first place
To prevent future problems, employers would do well to understand any adjustments that a disabled applicant or employee may feel need to be made specifically for them. Employers need to always take the first step under these circumstances, instead of the person with the disability, however they need to know that questions related to health are limited before offering them a job.
By having a firm grasp of EA regulations, you will have an easier time keeping good employees who acquire a disability, and you will be better able to prevent the filing of discrimination complaints that may have a negative impact on your recruitment efforts and on relationships with colleagues, vendors and customers.
About the Author:
Not sure where you stand with regards to employment law? 360 diversity supports UK businesses to setup and maintain successful policies which follow equality and diversity legislation.
No comments:
Post a Comment