Disability

Question 1

Conditions labelled as disabled from onset

Answer 1

MS
Cancer
HIV

Question 2

Severe disfigurement

Answer 2

Treated as disability. Such as scars, birthmarks, congenital abnormalities, skin diseases.
But not self inflicting like tattoos.

Question 3

Exclusions under Equality Act

Answer 3

Alcoholism
Tendency to steel, set fires or physical abuse.
Seasonal allergic rhinitis

Question 4

Employees Covered by Equality Act

Answer 4

Prison officers, fire officers, police officers, employment on ship, aircraft.
Employees of small and large employers.
Domestic household staff
ONLY Armed FORCES now excluded.

Question 5

Kinds of unlawful discrimination

Answer 5

1. Direct Discrimination
2. Failure to make reasonable adjustments
3. Disability related discrimination
4. Disability Harassment
5. Victimisation
6. On pre-employment screening

Question 6

Direct Discrimination

Answer 6

Employer directly discriminates when they subject anyone to a detriment or disadvantage just because of a disability.
Blanket bans are unlawful. Eg. automatically ban someone from a job due to diabetes.
Have to be based on functional ability and not the medical diagnosis.

Question 7

Failure to make reasonable adjustments

Answer 7

Employer has to do what is reasonable and depends on cost and practicality.
Can get funds from Access to Work Scheme
Larger employers expected to do more.

Question 8

Job Introduction Scheme

Answer 8

Employer takes on a disabled person for a trial period.
Contribution towards wages up to 13 weeks
Job must be expected to last 6 months

Question 9

Ill Health Retirement Pension Scheme

Answer 9

Doesn’t have to be given to new employees with a condition. OH will assess whether it is likely employee will be able to work till retirement age. If not, not allowed to contribute to ill health retirement pension.

Question 10

Revised Code of Practice for EA for Employer

Answer 10

Where employee doesn’t consent to info being released, the manager is not deemed to know it.
NO DUTY to make adjustments unless they know.

Question 11

Disability related discrimination

Answer 11

Employer treats disabled person unfavourable for a reason related to the disability.
Can be justified if employer can show reason like to protect health and safety. Must show disabled person would involve unacceptable risk.

Question 12

Disability Harassment

Answer 12

Violating the disabled person’s disability

Creating an intimidating, hostile, degrading or offensive environment.

Question 13

Victimisation

Answer 13

Committed by an employer who punishes a worker for complaining in good faith about alleged discrimination.
Eg. Giving him a poor reference when leaving.

Question 14

Pre-employment Screening

Answer 14

There is no duty of employee to tell employer about disability. OH staff can recommend adjustments.
But may not be possible unless consent is gained to tell employer.
Records about SA, health not asked until job offer made.
Offer can be conditional on satisfactory med clearance.
Offer can be withdrawn if disability makes them unfit for the role.

Question 15

Pre-employment Questionnaire

Answer 15

Can ask specific questions as long as everyone asked.

Question 16

Terminating Employement

Answer 16

Justifiable to terminate employment where disability makes it impossible for them to perform main functions of the job and adjustment is not reasonable/practical.

Question 17

Medical retirement under EA

Answer 17

There are no additional rights to medical retirement under EA.

Question 18

Social Model of Disability

Answer 18

Restrictions which society places in the way of disabled people.
These form basis of our recommendations regarding provision of reasonable adjustments under the act.
Employers and ultimately tribunal decide if recommendations are reasonable.

Question 19

Medical Model of Disability

Answer 19

Focuses on curing or managing illness or disability.

Continues to be used by pensions, insurance schemes.

Question 20

Impairment

Answer 20

Any loss or abnormality of psychological, physiological or anatomical structure or function.

Question 21

Disability

Answer 21

Any restriction or lack (resulting from an impairment) of ability to perform an activity in the manner or within the range considered normal for a human being.

Question 22

Handicap

Answer 22

A disadvantage for a given individual that limits or prevents the fulfilment of a role that is normal

Question 23

Early OH Referral

Answer 23

MH Condition, substance abuse, workplace injury, MSK condition.
Best to refer to OH at around 4 weeks.
Urgent if sick notes states work place stress.

Question 24

PCP

Answer 24

Provision, criterion, practice

Eg. when an employer wants everyone present at 9am on the dot. Someone with RA may not be able to

Question 25

Constructive Dismissal

Answer 25

Employer commits a serious breach of contract
Employee accepts as terminating the contract
EG. harassment or failure to pay wages.