When is an employee considered disabled?

Understanding what constitutes a disability in the workplace is crucial for UK employers. It’s not just about physical or mental impairments; it’s about how these impairments affect someone’s day-to-day life. And yes, even if someone has recovered from a disabling condition, they may still be considered disabled under certain circumstances.

Navigating the complexities of disability discrimination can be daunting. Legislation is ever-changing, and it’s imperative that you, as an employer, keep abreast of the latest policies to avoid legal pitfalls.

The Facts

When managing your team or hiring new staff, here are the key points you need to understand:

• A person is deemed to have a disability if they have a physical or mental impairment that substantially and long-term affects their ability to perform everyday activities (Gov.uk, Rights of disabled persons in employment).
• The definition of disability includes conditions that are ‘likely’ to have a significant adverse effect on someone’s day-to-day activities, even if treatments are helping to manage them (Citizens Advice, What counts as a disability).
• Protection extends to individuals with conditions that are controlled by medication or other management strategies, as well as conditions that are episodic, with the potential to recur (Disability Rights UK).

Legal interpretations can be complex, with courts often debating the nuances of these terms. For instance, “likely to recur” now means “could well happen”, a broader definition than the previous “more probable than not”.

The Implications for Your Business

This broader interpretation means that employees with controlled or variable conditions should be considered ‘disabled’ under the law. This includes individuals with conditions like diabetes, multiple sclerosis, and epilepsy, where symptoms can fluctuate (CIPD, Disability discrimination factsheet).

As an employer, you’re required to make reasonable adjustments to support employees whose conditions could significantly impact their work if their treatment were disrupted.

What You Can Do

Here’s how you can proactively support your employees:

• Stay Informed: Keep up-to-date with the latest developments in disability legislation and workplace best practices (ACAS, Supporting disabled people).
• Open Dialogue: Encourage conversations about disabilities. It’s within your rights to inquire about any conditions that could affect their work.
• Confidentiality and Support: Ensure there’s a trusted HR representative for employees to confide in regarding their health conditions.
• Reasonable Adjustments: Implement practical measures to accommodate all employees, considering current conditions and those that could recur (ACAS, How an employer should support disabled people).

Remember, while successful treatment can mask disabilities, it’s essential to err on the side of caution. Not every employee will want to disclose their medical conditions, but providing a confidential and supportive environment is key.

In Summary

Disability in the workplace is a broad and inclusive term. It’s vital to understand the legal definitions and ensure you’re providing the necessary support and adjustments for your employees. By doing so, you not only comply with the law but also foster an inclusive and supportive work environment.

We encourage you to download our free guide: “How to Build an Inclusive Hiring Program” and start making your workplace more accommodating today.