Staff with a disability

 

The Equality Act 2010 sets out when someone is considered to be disabled and protected from discrimination. It says you’re disabled if:

· you have a physical or mental impairment

· that impairment has a substantial and long-term adverse effect on your ability to carry out normal day-to-day activities

 

You have an ‘impairment’ if your physical or mental abilities are reduced in some way compared to most people. An impairment doesn’t have to be a diagnosed medical condition and it doesn’t have to stop you doing things if it makes it harder to do your normal day-to-day activities. Examples of when the effect might be substantial include:

· taking longer with everyday tasks like getting dressed, going to the toilet or preparing meals because of pain, if you didn’t take your painkillers

· finding it difficult to go out on your own because of a phobia, physical restriction or learning disability

· having difficulty concentrating because of mental health issues

· finding it difficult to talk to people and avoiding socialising because you have Asperger’s Syndrome

A long-term effect means something that has affected you or is likely to affect you for at least a year even if the effects come and go.

Some impairments are automatically treated as a disability Individuals with cancer, multiple sclerosis or HIV/AIDS are covered from the date of diagnosis regardless of the impact that the illness is having on their life at the time of diagnosis.

The Act is very broad and many people with a disability or condition which could potentially be covered by the Act may not necessarily consider themselves to be ’disabled‘, even though they may still need adjustments to support them in the workplace.

When someone meets the definition of disability the employer has a duty to make reasonable adjustments to enable them to overcome disadvantages in the workplace.

Discuss with your line manager the "reasonable adjustments" you may need in your workplace. You can also contact Roda Bird, roda.bird@nhs.scot for support on "reasonable adjustments" and Access to Work. 

 

Access to Work

https://www.gov.uk/access-to-work 

Access to Work is a government programme aimed at supporting disabled people to take up or remain in work.

You’ll be offered support based on your needs, which may include a grant to help cover the costs of practical support in the workplace. Your workplace can include your home if you work from there some or all of the time.

 

Access to Work support covers a wide range of interventions aimed at overcoming work-related barriers resulting from disability. The support package is agreed based on individual need. Examples of the kind of help available through Access to Work are:

· Support worker services e.g., a communicator, advocate or BSL interpreter for a job interview, for someone with impaired hearing; a reader for somebody with a visual impairment; a specialist job coach for a person with a learning difficulty; or a helper for personal care needs at work

· Specialist equipment (or alterations to existing equipment) to suit your particular need.

· Help towards the additional costs of taxi fares if you cannot use public transport to get to work

The money does not have to be paid back and will not affect your other benefits.

It is good practice for staff to have a discussion with your line manager if you need reasonable adjustment in the workplace and  if you wish to apply for Access to Work for additional support.