What Employers Should Be Thinking About During Disability Pride Month

Disability Pride Month represents 25% of the UK population. It takes place every July and is a chance to recognise and celebrate disabled people, while also taking a closer look at the barriers they can face in everyday life and at work.

For employers, it is a useful moment to pause and ask whether their workplace is genuinely inclusive or whether there are practices making working life harder than it needs to be.

Disability under the Equality Act 2010

For employers, Disability Pride Month’s message sits alongside protections in the Equality Act 2010 (the Act). Disability is a protected characteristic and employers have legal duties not to discriminate against disabled employees, workers or job applicants.

The Act deems a person disabled if they have a physical or mental impairment that has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities.

That definition can cover a wide range of conditions. Some will be obvious, however many will not be so clear.

Employers should be careful not to assume that someone is not disabled simply because they have not disclosed a condition or appear to be coping.

You can read more about this in our article on how to support disabled employees under the Equality Act 2010.

The duty to make reasonable adjustments to support disabled employees

One of the key duties for employers is the duty to make reasonable adjustments. This can arise where a disabled person is placed at a substantial disadvantage by a workplace rule or physical feature.

In practice, adjustments might include changes to:

• working hours
• duties
• equipment
• seating arrangements
• recruitment processes
• absence triggers
• methods of communication

The best starting point is usually a sensible conversation.

Employers should listen to what the individual says would help, consider medical or occupational health advice where appropriate, and keep any adjustments under review.

What is reasonable will depend on the facts, including how effective the adjustment is likely to be, how practical it is, the cost involved and the employer’s resources. Often, small changes can make a significant difference.

Avoiding disability discrimination in recruitment

Recruitment is an area where employers can easily run into difficulty. Application forms, interviews, tests and onboarding processes should be accessible and not put disabled candidates at a disadvantage.

Employers should also take care with questions about health or disability during recruitment. These should generally be limited to matters such as identifying adjustments for the recruitment process or establishing whether the candidate can carry out an essential part of the role.

Avoiding discrimination arising from an employee’s disability

Issues can also arise later in the employment relationship. Before taking formal action in relation to sickness absence, performance, capability, conduct or redundancy, employers should consider whether disability is a factor.

Employers should look beyond the immediate reason for a decision and ask whether that issue may be linked to the employee’s disability. For example, absences, lateness, reduced performance, communication difficulties or changes in behaviour may all arise from a disability.

Employers should make sure they have enough information before acting. It is important to consider whether adjustments could address the concern. It’s also important to keep a clear record of the reasons for any decisions made in relation employees with disabilities. Where unfavourable treatment is being considered, the employer should be able to explain why that approach is necessary and proportionate in the circumstances.

Disability Pride Month is an opportunity for employers to reflect

Disability Pride Month should not be treated as a one-off awareness exercise. It is a good opportunity for employers to revisit their policies, manager training, recruitment practices and approach to workplace adjustments. Getting this right helps reduce legal risk, but more importantly it helps create a workplace where disabled employees are listened to, supported and able to do their best work.