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£25,000 – Man with cerebral palsy wins discrimination case

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£25,000 - Man with cerebral palsy wins discrimination case

£25,000 – Man with cerebral palsy wins discrimination case against Home Bargains, his former employer. Ryan Walker, who worked as a sales assistant at the company’s Armagh shop, took the case after his duties were changed. He had informed the firm that he needed to be physically active to manage his disability but was later moved from stacking shelves to working on tills. Home Bargains settled the case without admitting liability. Mr Walker said his experience had been awful and he had gone from “enjoying a job for three years to dreading going into work.” Mary Kitson from the Equality Commission for Northern Ireland said: “No employee with a disability should feel that their needs are not understood or valued by their employer.”

BBC News

Our comments: – Man with cerebral palsy wins discrimination case against Home Bargains

Matthew Pinto-Chilcott, FCIPD, ACEL, Owner of Consensus HR comments: “This is an interesting case that occurred in Northern Ireland which currently does not use the Equality Act 2010 but their own version which is very similar to ours and can be found by clicking here.  Companies need to ensure that if informed of a disability they need to obtain professional medical advice to ascertain if any reasonable adjustments are needed as was the case in this scenario.  In this situation, the business obviously needed more cashiers but had not fully thought through the consequences and needs of the member of the team involved due to their disability.  If you are ever unsure of what action to take to ensure you are working to best practice and law, we advise that you talk to a Chartered HR professional and avoid this kind of scenario in your workplace where somebody dreads coming to work and an award of £25,000.

£25,000 - Man with cerebral palsy wins discrimination case

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£25,000 - Man with cerebral palsy wins discrimination case

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Disabiity

Disability Discrimination: Reasonable Adjustments

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Disability Discrimination: Reasonable Adjustments

Research by a top HR magazine suggests that some private-sector employers could be at risk of discriminating against disabled job applicants by failing to ask about reasonable adjustments.

The Equality Act 2010 says changes or adjustments should be made to ensure disabled people can access:

  • education,
  • employment,
  • housing,
  • goods and services like shops, banks, cinemas, hospitals, council offices, leisure centres, and
  • associations and private clubs.

But what does this actually mean to employers?

Disability Discrimination: Reasonable Adjustments

When recruiting, it is vital that at all stages of the recruitment process, an employer must ensure that their practices and policies do not discriminate against disabled applicants. Also, they must consider any reasonable adjustments to procedures, physical features and aids or services that may be required, such as:

  • Do they need a parking space near the door?
  • Do they need to be near toilets?
  • Do they need a different desk or chair?
  • Altering an employee’s hours of work
  • Doing things another way – e.g. allowing someone with social anxiety disorder to have their own desk instead of hot-desking
  • Making physical changes – e.g. installing a ramp for a wheelchair user or an audio-visual fire alarm for a deaf person
  • Letting a disabled person work somewhere else – e.g. on the ground floor for a wheelchair user
  • Changing their equipment – e.g. providing a special keyboard if they have arthritis
  • Allowing employees who become disabled to make a phased return to work – e.g. working flexible hours or part-time
  • Offering employees training opportunities, recreation and refreshment facilities

These are just a few of the reasonable adjustments that can be made.

Not making reasonable adjustments becomes unlawful discrimination according to the Equality Act 2010. Necessary changes can be requested. If the person or organisation refuses, you can make a discrimination claim under the Act.

Asking the question…

Disability Discrimination: Reasonable Adjustments

Under the Equality Act 2010, employers must not ask applicants questions about health or disability before making a job offer, except for certain permitted reasons, (details available upon request).

The Act does allow questions to be asked for the purpose of establishing whether or not any reasonable adjustments should be made during the recruitment process. When inviting an applicant for an interview they should be asked, (either by telephone or in writing), if any reasonable adjustments are needed for them to attend. 

Matthew from Consensus HR explains: “Able-bodied people can sometimes forget that what they do on a day-to-day basis may vary differently or simply not possible for somebody with a disability. Examples include walking up and down stairs, standing for long times or how frequently they need to visit the toilet.”

Employers must not make assumptions that there is no need for any reasonable adjustments to be made.  It is up to the employer to find out from the applicant during the recruitment process so that they can offer reasonable adjustments if needed. Some applicants prefer not to disclose a disability. In these cases, the employer cannot be expected to make adjustments until it becomes apparent in the workplace or the applicant decides to inform the company. 

A survey from Personnel Today shows that two in five disabled workers are not receiving the reasonable adjustments they need from their employer. Research also shows that public sector employers are significantly more likely to ask applicants about required adjustments at the start of the job application process compared to their private sector counterparts. This is achieved via job advertisements, application forms and/or application information supplied to candidates.

Employers should always aim to build a trusting relationship with their teams and demonstrate that regardless of a person’s sex, age, colour, disability (to name a few) all individuals are valued. By building this trust and confidence, the employee will feel able to discuss these core areas should the need occur.

Are you an employer?

What does the Equality Act 2010 mean for you in practical terms?

Talk to Matthew at Consensus HR for practical expert advice without obligation or HR jargon.

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If you want to always keep up with employment law and wish to know more please get in contact now.
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YOUR OUTSOURCED HUMAN RESOURCES DEPARTMENT.

For further information on any of the HR subjects we provide, please click the heading below:

Disability Discrimination: Reasonable Adjustments

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Compensation for a dyslexic M&S employee

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Employers can share staff data in a mental health emergency | Consensus HR | Herts, Beds

Compensation for a dyslexic M&S employee dismissed over mistakes in emails

Helen Watson, HR Advisor comments on the latest news article about compensation for a dyslexic M&S employee dismissed over mistakes in emails, “the employee worked for M&S for 22 years and had dyslexia, she has been awarded over £53.000 for disability discrimination and unfair dismissal. I have worked with Companies to implement reasonable adjustments for employees with disabilities. This is a key aspect in both supporting employees and protecting Companies.

This case also talks about her selection for redundancy and the redundancy criteria used, I have supported businesses through a number of redundancy situations; it is key to be clear and consistent on your redundancy criteria throughout the process.”

 

 

NEWS ARTICLE – Compensation for a dyslexic M&S employee dismissed over mistakes in emails

Rita Jandu, a clothing and home planner at Marks & Spencer who has dyslexia, has been awarded over £50,000 after she was dismissed for making mistakes in emails. Jandu, who worked for the High Street chain for 22 years, struggled to read and write lengthy messages and preferred to communicate using bullet points. An employment tribunal heard that Jandu was “singled out” by managers at M&S who selected her for redundancy after she appeared to rush her work and her emails contained inaccuracies. The tribunal has now ruled that M&S managers ignored the impact that Jandu’s dyslexia had on her work including her ability to concentrate and communicate. Jandu was awarded £53,855 for disability discrimination and unfair dismissal.

The Times

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disabled

FAQ – 6 – What counts as a disability?

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Matthew Pinto-Chilcott – Owner of Consensus HR comments: “This is a question we get asked by our current and passed clients quite frequently and especially when a member of the team may not be performing to the standard they expect.  Business owners, managers and members of the team should never make assumptions, however easy it may seem, as an employee may have an invisible disability such as Multiple Sclerosis and the employee does not wish to make it public.  Business Owners and Managers can only help employees if they are made aware of what the disability is so that they can make any reasonable adjustments needed but this can only be done if the employee consents to the business obtaining the professional information needed from a Doctor or Consultant.  Many employers however, depending on the culture of the company worry that should they tell their employer or consent to them getting medical advice that their employment will be made harder or may even seize.  Businesses need to understand that by not managing this correctly could result in severe consequences such as constructive dismissal, discrimination, bad reputation, poor moral and motivation and extremely high financial awards from an Employment Tribunal (ET) from day one of employment.”

 

ANSWER:

Recognised Disabilities are continually changing and what is legally classed as one needs to be fully investigated to check on current law and any recent cases that have taken place.

You’re disabled under the Equality Act 2010 if you have a physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on your ability to do normal daily activities.

What does ‘substantial’ and ‘long-term’ mean

  • ‘substantial’ is more than minor or trivial, eg it takes much longer than it usually would to complete a daily task like getting dressed
  • ‘long-term’ means 12 months or more, eg a breathing condition that develops as a result of a lung infection

There are special rules about recurring or fluctuating conditions, eg arthritis.

Progressive conditions

A progressive condition is one that gets worse over time. People with progressive conditions can be classed as disabled.

However, you automatically meet the disability definition under the Equality Act 2010 from the day you’re diagnosed with HIV infection, cancer or multiple sclerosis.

What isn’t counted as a disability

There’s guidance on conditions that aren’t covered by the disability definition, eg addiction to non–prescribed drugs or alcohol.

If you have reasons / concerns for an employee and their ability to perform a role, you should seek HR advice immediately who will arrange the relevant best practice / law Policies and Procedures to be followed; such as consent to write for advice / suggestions to a medical professional.  No employer should make assumptions as it could result in a very costly penalty financially and impact on the reputation of the company.

If you wish to discuss how best to manage this due to a concern you have, do not hesitate to contact us.

Hilton Foods Solutions Ltd v Wright - Parental leave: Detriment for seeking to take | Consensus HR | Herts, Beds

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This is a question that we get asked a lot and especially when a member of the team is not performing and is ill and needs to be managed correctly with no assumptions made. Employers need to act correctly and compassionately should the need arise.
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