If one of your employees is or has been ill, it is your responsibility to find out whether their illness qualifies as a disability under the Equality Act 2010.

According to the Employment Statutory Code of Practice an employer must do all they can reasonably be expected to do to find out if a worker has a disability. What is reasonable will depend on the circumstances. This is an objective assessment. When making enquiries about disability, employers should consider issues of dignity and privacy and ensure that personal information is dealt with confidentially.

An effective way to fulfil this responsibility is to refer the employee to an Occupational Health Practitioner, who will confirm whether in their understanding the employee is a disabled person covered by the Equality Act 2010.