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The Disability Discrimination Act 1995 applies to all employers, whatever their size (except the armed forces). Since 5th December 2005, people diagnosed with MS (except elected coucillors and those working wholly or mainly outside the UK) have been covered by the Act. It prohibits unlawful discrimination in all aspects of employment – in recruitment, selection, training, promotion, redundancy and dismissal. It prohibits discrimination in two ways:
Where a disabled person is treated less favourably than others because of their disability.
Where the employer fails to make reasonable adjustments to the workplace or working arrangements.
The Disability Discrimination Act also makes it unlawful to victimise a disabled person because he or she has, or might wish to take, action in relation to the Act.
Discrimination by way of less favourable treatment can be either:
Direct – where, for example, an employer refuses to employ someone when they declare their disability, or;
Disability-related – where, for example, an employer dismisses someone because they have taken a long period of sick leave after an MS relapse and are unable to say when they will be able to return to work.
An employer cannot try to justify direct discrimination but may attempt to justify disability-related discrimination. This would depend on the nature of the job, the size of the company and the impact of the disability on the person's ability to do the job. However, less favourable treatment cannot be justified if a reasonable adjustment would have prevented this treatment.
Do I have any legal responsibilities?
Employees have responsibilities as well as rights. Some of these – such as hours of work, or sickness notification – may be set out in your contract of employment or staff handbook. You will also need to consider your responsibilities to, and for, other staff particularly in relation to health and safety.
It can be a considerable strain on you if your employer does not know about your health.
Your employer has no legal duty to put in place reasonable adjustments if you have not disclosed your condition.
In the absence of ‘facts’, your employer could draw their own conclusions, which may be wrong – and possibly unhelpful.
You might welcome the opportunity to talk about your particular symptoms.
When it comes to identifying suitable adjustments, two heads are often better than one, and you will need to know what your employer can accommodate. There is no point in the employer putting in place things that you do not need or that are not helpful.
Equally, employers cannot defend any lack of adjustments on the basis that you have not told them the cause of your difficulties. If the employer knows – and is able to see – that because of a disability, you need adjustments, the matter should be addressed.
If you do not want to tell your employer yourself, someone else could do so on your behalf such as a colleague, a trade union representative, an occupational health practitioner or a disability employment adviser. Disability employment advisers can be contacted through local Jobcentre Plus offices.
Preparation for the future may be better than reacting to a situation later on and may help to minimise disruption at a later date.
What exactly does ‘reasonable adjustments’ mean?
A key provision of the Disability Discrimination Act is that a disabled person can ask for reasonable adjustments from their employer if any aspect of their working arrangements, including the building or place of work, make it more difficult for them, than for a non-disabled person, to do their job.
It is useful to have some idea of what sort of adjustments might be available to you. Disability employment advisers can be very helpful in giving practical advice tailored to your needs – about equipment, adaptations and so on – and they can link you up with the Access to Work programme. Disability employment advisers provide specialist support to:
People who have recently become disabled
Those whose disability or health condition has deteriorated and who need employment advice
Disabled people who are having difficulty getting a job because of their disability
Employed people who are concerned about losing their job because of a disability
Examples of ‘reasonable adjustments'
Many helpful adjustments are not expensive. For example:
Flexible or altered working hours – to help you in terms of getting ready for work, travelling, or attending appointments
Providing for you to take more regular breaks
Moving your work station nearer to a toilet
Distancing your work station from sources of heat
Allowing time off for medical appointments
Assigning you to a different place of work
Providing training or supervision
Modifying instructions or assessments
Arranging for meetings to be held in a location or at a time to suit you
Designating a car parking space by your nearest entrance into work
Improving accessibility – for example, by providing handrails or a ramp
Other adjustments may involve the use of equipment. For example:
A different computer screen for those who are experiencing sight problems
Voice-recognition software or an adapted keyboard or mouse for those who find typing difficult
A special chair for those who cannot stand for long periods
How do employers decide which adjustments to make?
When considering whether an adjustment is ‘reasonable’, the employer can take into account how effective it would be in improving the situation, its cost and how feasible it is. The availability of resources – money, equipment and people – can also be a factor, as will the type of activity a business undertakes.
It is important to note that there is no limit to the number of adjustments that you can request or the frequency with which you can request them. This is particularly important for people with MS where your needs may change as your condition fluctuates.
Not everybody has had a wholly positive experience of
working with MS. Negative reactions can take many forms
– some direct, and some more subtle. As the needs
of people with disabilities become better understood, this
situation should improve. However, the results may not
be immediate.
Resistance may come in various forms: perhaps from a
line manager who fears that you will be a drain on resources,
or prevent targets being attained; or from colleagues who
perceive that you are getting preferential treatment, or not
making a full contribution to the team effort. Whatever
the situation, if you have concerns about your treatment
at work, you should discuss them. Informal discussions
are normally the most appropriate starting point and may
resolve many issues.
If informal approaches do not improve the situation,
you should raise the issue in a more formal setting.
The best person to speak to will depend on the size of
the organisation. If the conversation is difficult to initiate
or does not bring the results you had hoped for, you must
write to your employer complaining that you are experiencing
discrimination (less favourable treatment). This is known
as a grievance. It must be issued within three months
of the date of the discriminatory act. The employer should
then arrange to meet with you to discuss the grievance.
