Being aware of disability rights

Following the Disability Discrimination Act, the definition of disability is: "a physical or mental impairment that substantially effects daily life, long term".

However, this definition does not refer to work at all. It is, therefore, possible for someone to be disabled but for their disability to have no effect on their ability to work. For example, someone with epilepsy would be able to carry out an administrative function with few problems.

The definition of long term is a little more tricky since it can mean 'already long term' (usually regarded as one year or more) or 'to become long term'. For example, someone who has become epileptic will have the disability for the rest of their life. Employers must, therefore, consider disability at two stages: in advertising or recruiting, and with existing employees who become disabled.

Prior to interview it is vital to establish if an applicant is disabled and whether any special provisions have to be made. This is to ensure that the interview process is a level playing field.

You cannot argue that an individual could not do the job if they have not been interviewed properly.

Careful consideration must be given to whether the applicant can do the job and whether any necessary amendments could be easily made. This may resolve the potential problem straight away.

An occupational health therapist would be a useful contact as they could advise on what 'reasonable adjustments' should be made. Spending £75,000 to install a lift for one person might be regarded as unreasonable, but so too is not considering whether the individual could work at ground level.

For existing employees who become disabled, it is essential to call in third party occupational health expertise. Other issues to consider include what changes can be made to the job to encompass the disabled employee's needs.

Once all the relevant information has been gathered, it must be discussed with the relevant individual. This way a solution can be reached that benefits everyone.