So how do disability discrimination claims arise?

Here are some examples:

• when a job applicant is rejected for an interview once they have disclosed a disability
• requiring all employees to work overtime, which may disadvantage someone with chronic fatigue
• disciplining an employee for frequent absences caused by a medical condition or
• a failure to make reasonable adjustments.

What is the definition of a disability?

Under s6. of the Equality Act, the definition of a disability is: 

'A person has a disability if they have a physical or mental impairment that has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities'.

What are reasonable adjustments?

Under s.20 of the Equality Act 2010, employers have a duty to make reasonable adjustments where a disabled employee or job applicant is put at a substantial disadvantage in comparison with those who do not have a disability. The duty applies where the individual is put at a disadvantage by:

• the employer's application of a provision, criterion or practice (PCP)
• a physical feature of the employer's premises; or
• the absence of, and need for, an auxiliary aid.

The duty applies to employers of all sizes, although what is reasonable may vary depending on the circumstances of the employer. The Equality Act 2010 does not set out examples of adjustments that an employer may have to take in relation to a disabled worker. However, the Equality and Human Rights Commission’s ‘Employment statutory code of practice’ provides a non-exhaustive list of possible reasonable adjustments, and some examples of these are:

• making adjustments to premises
• allocating some of the disabled person's duties to another person
• altering their hours of working or training
• giving or arranging for training or mentoring (whether for the disabled person or any other person)
• acquiring or modifying equipment
• modifying procedures for
• testing or assessment,
• disciplinary or grievance
• adjusting redundancy selection criteria
• performance-related pay arrangements
• providing supervision or other support
• 
  

In practice, whether an adjustment is reasonable will depend on the particular circumstances.

An employer can only make reasonable adjustments if it is aware of a disability. Therefore, you should have regular check in’s with employees and especially those on long term sickness absence, having regular updates with them on how they are progressing will provide you with useful insight in to how you can assist and support the employee in returning to work and will give you an insight in terms of the next steps to take and whether there is a need to gain advice from a medical professional i.e. occupational health to provide advice on what reasonable adjustments are recommended.