If you consider that 20% of the UK workforce has disabilities, it becomes apparent that, at some point, most employers will have to consider the employment law concerning disability.

The Disability Discrimination Act (DDA) helps to ensure that employees with a disability are treated equally to everyone else in, both in the recruitment process and throughout their employment. The Act defines a disabled person as someone who has 'a physical or mental impairment which has a substantial and long-term adverse effect on the person's ability to carry out normal day-to-day activities'. This includes physical impairments, caused through illness, by accident or from birth, and mental impairments including learning disabilities and mental illness.

An employer needs to ensure that the disabled employee is never at a disadvantage to other employees. This could mean giving or arranging training and equipment, making adjustments to premises, altering working hours and providing supervision. However, most disabled people can work without any special assistance, or they may need some simple, inexpensive adjustments made in order for them to work successfully.

Many employers with disabled people in their team report that these employees are typically extremely committed and hard working, with good attendance and sickness records, and strong loyalty to the company. This may be because, unfortunately, they find it three times as hard as non disabled people to find a job in the first place. It is also important to remember that the law may not apply only to the disabled, but also the people who care for them.

There are three main areas concerning disability discrimination that are relevant to employers:

1. Direct discrimination - this is when an employer treats a disabled person less favorably then a non-disabled person purely because of their disability.

2. Direct disability-related discrimination - this is when someone is treated less favourably specifically for a reason relating to the effects of the disability. An example of this was Nottingham teacher, Gaynor Meikle. Gaynor, who had over 30 years' experience, argued that her employer, Nottinghamshire County Council, discriminated against her because of sight loss. Even though she had requested various minor changes, including that the daily timetable was printed in a larger font, the council refused. The employment tribunal held in Gaynor's favour and she was awarded an undisclosed settlement.

3. Harassment - this is an unlawful act in its own right when it relates directly to a disabled person's disability. Harassment may violate the dignity of the disabled person, or create an intimidating, hostile, degrading, humiliating or offensive environment for them. Susy White, a business analyst with Estée Lauder, told her employers in 2005 that she had epilepsy. However, following this, two of her managers called her a "silly little girl" who "lacked a business brain". An employment tribunal found that these two managers were guilty of harassment, direct discrimination, and disability discrimination. The confidential settlement that was agreed was speculated to be in excess of £200,000.

So, as an employer, what can you do to protect your business from allegations of disability discrimination?

1. During the recruitment process

• Ask prior to the interview stage if any special arrangements need to be made to place a disabled applicant onto a level playing field with other candidates.
• Keep written evidence of each interview and make sure decisions not to employ are based on non-discriminatory grounds.
• If a disabled candidate would otherwise be suitable, but for the disability, consider reasonable adjustments that could be made so that person can take up that position.

• Consider and ensure that the disabled person's working environment is suitable.
• If the working environment is not suitable then consider if any reasonable adjustments can or should be made.
• Update internal policies: make sure disabled employees are covered fully and correctly.
• If a grievance is raised by a disabled person on the grounds of disability discrimination make sure the grievance is dealt with fully.

• Just because an employee becomes disabled it does not mean that an employer can terminate an employees' employment.
• Equally, the Disability Discrimination Act does not give an absolute right to stay employed.
• Consider reasonable adjustments that could be made for the disabled employee, ie. hours worked, job floor, job role.

However, if you find yourself accused of disability discrimination there are three simple steps you should take. Firstly, conduct a full investigation. You should collect as much evidence as possible, including written statements from any people involved. Secondly, try to fully understand why the person feels discriminated against. And, thirdly, answer all allegations fully. If you are a business who feels they have been falsely accused of discrimination, it is equally important to seek legal advice. A solicitor can not only help you defend potentially costly employment tribunal claims, but could also advise you about best practice and policies for a more productive working environment.

For more information please visit www.businessdefencesolicitors.co.uk [1]