Health and Disabilities in the Workplace: Part One
The working environment can cause or contribute to health issues, and then potentially lead to a costly tribunal claim.
It is reported that the average disability discrimination award (2024) was circa £45,000. Employees do not need to have 2 years’ service to be entitled to make a tribunal claim where they have a disability.
Employers should therefore look at how they can reduce or minimise the risk of a costly tribunal claim.
Under the Equality Act 2010, the person or employer that is alleged to have conducted the discrimination must have either known or could have reasonably been expected to know about the disability.
The Equality Act refers to disability discrimination as:
- Direct discrimination – when someone is put at a disadvantage or treated less favourably because of a ‘protected characteristic’ e.g. disability.
- Indirect disability discrimination – when a working practice, policy or rule applies to everyone but puts a person or group at a disadvantage because of their disability.
- Harassment – where bullying and harassment behaviours makes someone feel intimidated or offended and linked to their disability.
Under health and safety legislation, the employer has the duty to assess work related practices on their employees health. The appropriate risk assessments can be designed around the workplace practices to mitigate potential risks and to put measures in place to protect employees.
Ways for employers to manage health in the workplace
Identify if there is a problem in the workplace by:
- Reviewing your absence levels, identifying if there is a link with poor health or disabilities
- Conducting a Return to Work interview
- Reviewing other practices in the workplace that would provide employee feedback: grievances, disciplinaries, exit interviews
- Identify any disability discrimination claims, plus any legal processes including settlement agreements or ACAS Early Conciliation that has occurred
Line managers play a vital role in managing employee health in the workplace, as well as recognising where health is impacting the individuals ability to carry out their job.
In our ‘Managing health in the workplace’ month at Nockolds HR, our series of related articles will outline ways to manage employee health to reduce disability discrimination claims.
Coming up during the month:
- How effective are your sickness management processes?
- Conducting return to work interviews
- The role of the line manager in managing employee health
- Exploring ‘reasonable adjustments’
Nockolds HR can provide further guidance on any of the information provided in this article. To discuss this with our HR Consultants reach out to us for a free telephone assessment on 0345 646 0406 or fill in our online enquiry form and we will be in touch.