Rights For Disabled Workers
It is a legal obligation that all businesses, no matter how small, are required to treat all staff members equally, regardless of physical or mental impairments.
Legislation, introduced in 2004 under the Disability Discrimination Act (DDA), now means that previous exemptions to the law no longer apply. (Formerly, legislation did not apply to small businesses with fewer than 15 employees).
If a disabled employee or job applicant believes he or she has been discriminated against, a company might find itself in an employment tribunal – and if a company loses a case it could have to pay a considerable amount in compensation.
There is no defence in saying you were not aware of what special provisions were required by the complainant. (For more information on employment tribunals, see the UK Net Guide features on unfair dismissal and wrongful dismissal.)
As a business owner, you must take a common sense, best practice approach and make ‘reasonable adjustments’ to your premises, facilities and the way your firm operates. There is no guidebook that must be followed explicitly, and you are not obliged to make any changes if you have no disabled employees or job applicants.
People with different disabilities will require different facilities, and some firms will be able to afford more extensive alterations than others. So the idea is make changes that are practical and within your business’s financial means. You can refuse to take action if it will be too costly or impractical. But if you believe that the measures are too costly or impractical, make sure that you have a sound argument and cannot be accused of penny-pinching.
Reasonable adjustments can include such simple things as rearranging furniture to provide easier access, allowing an employee to work flexible hours, or granting a member of staff time off for medical treatment.
More elaborate - and costly - requirements may include installing specialist equipment (a text phone for a hearing-impaired person, for instance), providing a ramp for wheelchair access, making available information in Braille, large print or audio format, or training able-bodied staff in disability awareness.
Once you have made reasonable adjustments, it is up to a disabled employee to decide whether the provisions are effective. A worker may ask for more or different changes to be made. However, it is up to you to decide whether making extra adjustments is reasonable.
It is a common misconception that strict health and safety regulations make it difficult to make reasonable adjustments to business premises. The truth is that by making a building more accessible and safe for disabled people, you are making it more accessible and safe for able-bodied workers, too.
You will also be expected to make reasonable adjustments to the way in which you recruit members of staff – for example, by making application forms available in large print and Braille, by moving interviews to an accessible venue, or by providing a sign language interpreter.
For further information on employing people with disabilities, visit the websites of the Disabilities Rights Commission: http://www.drc-gb.org. A disability employment adviser at your local Jobcentre (http://www.jobcentreplus.gov.uk) may also be able to help you.
