Disability Discrimination in the Workplace

Name: Disability Discrimination in the Workplace
Author: Kate Russell

An Employer’s Guide

by Kate Russell

Language : English

The Disability Discrimination Act 1995, later replaced by The Equality Act 2010, introduced a range of rights and protections for disabled employees.

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Description

Preface

Content

The Disability Discrimination Act 1995, later replaced by The Equality Act 2010, introduced a range of rights and protections for disabled employees. In addition to the original rights, some of which have been further strengthened, there is now legal protection for those who are able bodied themselves, but are associated with a disabled person; and employers must now defer the collection of medical data in the recruitment process in most cases until after an offer has been made.

This book sets out the steps that employers should take to ensure compliance.

About the author

Kate Russell, BA, barrister, MA is the Managing Director of Russell HR Consulting and the author of this publication. She is the author of Build Your Dream Team – How SMEs Can Plug the Talent Gap, plus several other practical employment handbooks and e-books.

Russell HR Consulting Ltd delivers HR solutions and practical employment law training to a wide variety of industries and occupations across the UK. Kate has developed a reputation for being knowledgeable, robust and commercially aware and is especially well versed in the tackling and resolving of tough discipline and grievance matters.

The Disability Discrimination Act (DDA) of 1995, which has now largely been replaced by the Equality Act 2010, aims to stop discrimination against people with disabilities. This means employers have to comply with regulations to make reasonable adjustments if their employment arrangements place disabled people at a substantial disadvantage compared with non-disabled people.

This book has been written with the intention of helping employers to accommodate the requirements of employees who, but for their disability, would be able to do the job satisfactorily. It also helps you to reduce the risk of disability discrimination claims.

Recent statistics suggest that around one in five people of working age are considered to be ‘disabled’ within the meaning of the DDA, and since the introduction of the Equality Act 2010, rights have been extended and strengthened.

Preface
About the author
Miscellaneous notes

Overview of the Ebook
1. Introduction
2. The meaning of disability
3. Effects of treatment and medication
4. Rights and remedies
5. Discrimination in employment
6. Collecting medical data
7. Reasonable adjustments
8. Defence
9. Tips to avoid disability discrimination
The meaning of disability
1. Introduction
2. Definition
3. Physical impairments
4. Mental impairments
5. Progressive conditions
6. Substantial adverse effect
7. Normal day-to-day activities
8. Long term effect
9. Conditions which are automatically disabilities
10. Excepted conditions
Effects of treatment and medication
1. Introduction
2. Treatment and medication
3. Exceptions
Rights and remedies
1. Introduction
2. Right not to suffer unlawful discrimination
3. Reasonable adjustments
4. Remedies
Discrimination in employment
1. Introduction
2. Comparators
3. Victimisation
4. Direct discrimination
5. Indirect discrimination
6. Harassment
7. Associative discrimination
8. Perceptive discrimination
Collecting medical data
1. Introduction
2. Pre-employment offer medical data
3. Post-employment offer medical data
Reasonable adjustments
1. Introduction
2. When to make reasonable adjustments
3. Cost and reasonable adjustments
4. Exemption to the duty to make reasonable adjustments
5. When does the duty to make reasonable adjustments stop?
Defence
1. Introduction
2. What will and will not constitute a defence
3. Constructive knowledge
4. No reasonable adjustments
Tips to avoid disability discrimination
1. Introduction
2. Don’t make assumptions
3. Consider whether expert advice is needed
4. Plan ahead
5. Codes of practice
6. Keep records

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About the Author

Kate Russell