Recent data from the government’s Advisory, Conciliation and Arbitration Service (Acas), has revealed that approximately one in six workplace disputes now involve disability discrimination, a rise of 31% in the past year.
Disability is one of nine protected characteristics under the Equality Act 2010. A person is considered disabled under that legislation if they have ‘a physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on your ability to do normal daily activities’.
An increase in mental health disputes appears to be a key factor in the results referred to above. Disputes relating to depression, stress and menopause are also on the rise, and not all disabilities are visible which makes it difficult for employers to identify and implement the right support. Employees are now more aware of their rights under discrimination legislation and are more likely than ever to raise concerns in that regard.
Although there is a growing awareness and understanding on the part of employers of mental health issues and what constitutes ‘disability’, many are still falling short in providing support through effective workplace policies.
Employers have a duty to implement reasonable adjustments for employees who are considered disabled under the Equality Act. Awareness training should be provided to staff and clear and accessible workplace policies should be put in place to promote diversity, prevent discrimination and foster a genuinely inclusive workplace.
Disability discrimination can be a complex issue. If you’re an employer and require assistance updating policies and procedures in this regard, contact us on 01942 727200 and speak to one of our experienced consultants, or email enquries@employeemanagement.co.uk.