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Email: chris.beck@markallengroup.com
able to prove on the balance of
probabilities that the employee
was lying about being flooded.
Potential strong evidence could
be if other colleagues who live
in the same vicinity managed to
make it into work on the relevant
days. Statements, travel and
weather reports and evidence
from government agencies
such as the Environment and
Highways Agencies are just a few
examples of evidence that could
also be collected.
If after consideration you are
satisfied that the employee has in
fact lied, then this unauthorised
absence can be dealt with under
your disciplinary policy.
One of our shopfloor
operators was badly
injured in a car accident at
the start of 2019 and has been
left needing a wheelchair to
get around. He’s ready to start
back at work, and his previous
role is still available to him,
despite his injuries. However,
we need to adapt some of the
walkways around the factory
to make it more accessible.
What is the legal requirement
for disabled access?
The Equality Act 2010 imposes
a duty on employers to make
reasonable adjustments to help
disabled job applicants, and
current and former employees
in certain circumstances.
What counts as a ‘reasonable
adjustment’ depends on several
things, including the nature
of the employees’ disability,
how practicable the changes
are, the size of the employer
organisation, how much
resource is available and the
cost of making the changes. In
this situation it is likely that the
following examples would be
considered reasonable: providing
ramps, installing automatic
doors and providing more
lighting and clearer signs.
The duty can arise where a
disabled person is placed at a
‘substantial disadvantage’ by
either the employer’s provision,
criterion or practice, an
employer’s failure to provide an
auxiliary aid or a physical feature
of the employer’s premises.
‘Substantial’ is defined under
the Equality legislation as ‘more
than minor or trivial’. In practice
this is a fairly low threshold, so
it will often be relatively easy
for a tribunal to conclude that a
claimant suffered a disadvantage.
If an employer does not
cooperate with their duty to
make reasonable adjustments,
the Equality Act classes this
as unlawful discrimination.
Therefore, should these changes
not be made, the employee can
make a discrimination claim
under the Equality Act, with
uncapped compensation.
Protection from disability
discrimination is a day one
right. As such, an employee
does not have to comply with
any service requirement as a
condition of bringing a claim:
protection predates the start of
employment itself.
A final point to note: you have
focused on mobility issues. It is
also important to realise that the
definition of disability extends
far wider than this and includes
other sensory impairments and
mental impairments. No type
of disability discrimination is
viewed as more serious than
any other so even if you address
the concerns outlined above,
you must also consider any
further adjustments that
may be required by other
disabled groups.
Know your law...
The Equality
Act 2010 legally
protects people
from discrimination in the
workplace and in wider society.
It sets out the different ways
in which it’s unlawful to treat
someone in the workplace.
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