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EMPLOYER INFORMATION

YOUR DUTIES & RESPONSIBILITIES (TOWARDS DISABLED EMPLOYEES)

If your employee is a disabled person under the Equality Act 2010:


a.    You must not directly discriminate him – treat him worse because of the disability

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b.    You must not treat him badly because of something arising in consequence of the disability, such as his inability to undertake all duties, an absence (long or short) or failure to reach targets. This is a very limited list of examples, and each situation should be analysed in its context. Furthermore, unfavourable treatment will not amount to discrimination arising from disability if you, the employer can show that the treatment is a ‘proportionate means of achieving a legitimate aim’

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c.    You are under a duty to make reasonable adjustments for him/her – positive additional steps to ensure that the employee can access and progress in employment. This could be (by way of a very limited example) change to duties, working hours, place of work, permission to work from home, adjusting the absence/disciplinary procedure or providing a more comfortable chair. 


Even your unintentional breach of any of these rules may lead to you paying out compensation to the employee. 
 

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Marta Inkin (MCILEX)
UK Employment Law Consultant
Solidum Solicitors,
316 Northolt Rd,
South Harrow,
Harrow HA2 8EE
Telephone: 07557959707

Solicitors Regulation Authority. SRA number: 634883

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