With 4 weeks to go until new regulations on disability in the workplace come into force, Law At Work (LAW), a Jersey-based company that specialises in health and safety and employee relations, is reminding employers and service providers to make sure they are ready.
In January, LAW reminded businesses the final part of the discrimination law, the Disability Discrimination Law, required organisations to ensure reasonable adjustments were being made to ensure their premises would be accessible to employees, visitors or customers with a disability or risk facing a claim and possible damage to their reputation.
In addition, LAW is now highlighting the steps that need to be taken by 1 September to accommodate those whose disability is not so easily determined. Brain injury, Crohn’s Disease, Multiple Sclerosis, and mental illnesses are all forms of invisible disabilities, among many others. Communication between employer and employee is a key factor in determining what changes would be suitable because those can differ even between two people with the same disability.
Richard Plaster, Director at LAW, said: “There is a stigma around invisible disabilities which can make it difficult for someone to disclose their health condition. Many people fear they will face discrimination by disclosing a disability to their employer. Some fear that their employer won’t believe them as you cannot outwardly tell they have a disability”.
Richard continued: “It is crucial for employers to ensure their staff know they can talk to them in confidence, and without rejection, about any health-related issues. While they do not have to disclose any disabilities to their employer, they should be aware that in doing so, their employer should make the relevant accommodations for them”.
LAW is advising businesses that while it is their responsibility to make changes as soon as they become aware that an employee has a disability, they should not wait for individuals to ask for changes to be made.
They should also consider visitors and customers and their needs. For example, less obvious types of adjustment could include making suitable replacements of specific office equipment for someone with chronic arthritis or providing a hearing loop at reception for customers who use hearing aids. The Disability Discrimination Law, which was passed in 2018, set a two-year period for reasonable changes to be made.
Image by Gerd Altmann