discrimination
that may be made to an interview process, to accommodate any disability. For example, an applicant with hearing difficulties might need to be interviewed in a room with a hearing loop and with seating arrangements which enable the person to lip read. An employer will only have a duty to make
reasonable adjustments where they are aware of a disability. At recruitment stages, employers have to be very careful about asking health related questions and indeed it is only lawful to do so in limited circumstances. When inviting candidates to attend an interview, employers should make enquiries as to whether the candidates require any reasonable adjustments at the interview stage. Sadly, employees may become disabled
while employed. This could be as a result of an acute injury or serious illness. In these obvious cases, the employer will have an obvious point of reference. In degenerative diseases where there is no definite point of disability, an employer should
look to medical evidence to firstly establish the existence of a disability and also to look at adjustments. Occupational health providers are
experienced at looking at ways of achieving suitable and reasonable changes. Again, a dialogue with the employee can be invaluable in understanding what changes are required. The duty is, however, on the employer, once a disability is established, to consider what changes are needed and the employee’s input, which should be sought, cannot be relied upon. It is not merely senior level staff, expressly
acting on behalf of a company who need to be aware of such legislation. Employers can be vicariously liable for the discriminatory acts of its staff. It is of paramount importance that staff are trained and monitored to ensure they manage appropriately, for example, all staff involved in recruitment, training and the day to day management of staff should receive equal opportunities training.
If an employer can show it took reasonable
steps to make their employees aware of potential discriminatory acts and how to avoid them, then it will be better placed to defend itself from liability of the actions of its own employees. Employers must also be aware that under
the Equality Act 2010 that they can also be liable for 3rd party harassment of an employee with a disability. If an act of harassment occurs, an employer
must take reasonable steps to prevent it happening again. The Equality & Human Rights Commission
have released a Code of Practice covering the Equality Act 2010 and its practical application to the workplace – the Code is invaluable to all employers and contains a number of examples of common place scenarios which many will find useful to refer to. All employers should make sure they are
informed and that key personnel are trained to manage firmly but with sensitivity.
THEbusiness QUARTER 15
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