08 Sep Disability: targets and adjustments

What is a disability?

A disability is defined as physical or mental impairment lasting 12 months or more that has a substantial impact on your ability to carry out your daily activities.  Disability is one of the protected characteristics under the Equality Act 2010.

Disability-related conditions as defined by the Equality Act 2010

Cancer, HIV, and MS are considered a disability from the point of diagnosis. Other progressive conditions (that can worsen over time) such as muscular dystrophy or motor neurone disease may also be classed as a disability.

Should employees be put on targets for disability-related absence?  

Most employers set out targets for short-term sickness absence in their sickness policy as well as their procedure for managing disability and long-term conditions (be sure to read and follow yours).  Suppose the absence policy puts a disabled person at a disadvantage compared to a non-disabled person. In that case, the employer should assess the employee’s specific disability and consider their duty to make reasonable adjustments.

What is a reasonable adjustment?  

A reasonable adjustment is a provision or feature that helps an employee to do their job; examples include:

• Increasing a sickness absence trigger.
• Flexible working.
• Phased returned to work.
• Alternative duties on a temporary or permanent basis.

Examples of reasonable adjustments

Kieran has Sickle Cell. In consultation with Kieran and medical advice, Kieran’s manager increases Kieran’s sickness absence trigger from 8 days in 12 months to 12 days in 12 months.   As a reasonable adjustment, Kieran will work from home during unusually cold weather to avoid triggering a health crisis.  Kenny’s manager confirms these decisions in writing.

Abdul is returning to work after open-heart surgery. In his sickness review meeting,  he and his manager agree on a six-week phased return to work and a reduction in working hours for twelve months based on advice from his cardiologist.

Jessica has diabetes. She has agreed with her manager that she will go to lunch at noon every day so she can eat and take her insulin.

Louis has six-weekly blood transfusions on a Friday morning. He submits a flexible working request to work from home following his blood transfusions, which is approved by his manager.

(Note, any non-disability related absence is likely to count to calculate whether an employee has triggered under the sickness absence policy.)

Sickness absence records

It is prudent to record all sickness absence in one record noting disability-related absenteeism where this is apparent.  Setting targets for disability-related absence should be a fully informed decision taking into consideration all of the relevant information, the Equality Act and the duty to make reasonable adjustments.

© Dawn H Jones is an HR Specialist.

Initially posted 12 November 2018; revised 8 September 2020.

Please note that this post does not constitute specific HR or employment law advice if you require help please contact an appropriately qualified professional or email info@hopeplace.co.uk