How to Focus on Ability and Not Disability in the Workplace
Disability awareness is an important topic, and your approach as an organisation can have a profound effect on an employee. In this article, we look at how to focus on ability and not disability when supporting your employees, so they feel heard and valued.
There are many misconceptions when it comes to the perception of disability. Many people with a disability argue that they are sufficiently able in many other areas and, therefore, should not be judged on their impairment.
“Know me for my abilities, not my disabilities.” - Robert M. Hensel, Guiness World Records holder for wheelchair challenge
What is considered as a disability?
First, let’s understand the definition of disability. This term can be quite broad, which is why some employers struggle to interpret what’s defined as a disability. It’s also worth being aware that a ‘disability’ can relate to both physical and mental conditions.
You’re disabled under the Equality Act 2010 if you have a physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on your ability to do normal daily activities.
Gov.uk
Let’s look a bit closer at the effects mentioned above:
· Substantial disability – this is a condition that is considered more than a minor issue, which has an impact on someone’s daily routine, such as getting dressed.
· Long-term disability – this is a condition that is likely to be permanent or last more than 12 months, for example, a serious breathing problem.
Mental health issues can be deemed as a disability in certain circumstances. Under the Equality Act 2010, a mental health condition is a disability if it has a long-term effect on someone’s day-to-day life. This could include depression, bipolar disorder, obsessive compulsive disorder, schizophrenia or dementia.
Employers have a legal responsibility to make and pay for reasonable adjustments to accommodate someone with a disability. Typical solutions could be to find an alternate way for them to do a task or to make alterations to their workspace. It could also apply to someone’s working arrangements or to provide certain types of equipment.
It’s worth noting that many people with a disability do not expect or want any adjustments. Employers need to communicate sensitively with the employee to find out what their needs are and if they want any form of support. For more information on reasonable adjustments, refer to the Equality Act 2010 or please speak to our team.
Disability and diversity
Everyone is different and diverse in their own way. Similarly, many of us have things in common too. We all have certain strengths and weaknesses, and this is a much more positive way to raise awareness of disability in the workplace. Sadly, people with disabilities can experience hate crimes, which is why there is legislation in place for their protection.
Some people have disabilities you can see, while others have disabilities you cannot see. This can create different challenges for managers and colleagues. You might feel awkward about discussing someone’s disability because you are unsure how to approach the topic.
A common problem is when a manager or colleague attempts to support someone with a disability and treats them differently to other team members. Even if they have good intentions, they may have unconscious biases, leading to stereotypical attitudes.
Language changes over time and certain terms that may have been used even a decade ago could cause offence. Usually, when a term is being used in an offensive manner, it becomes unacceptable.
As an example, the term ‘learning difficulties’ was and still is often used to describe someone with dyslexia. However, a more appropriate term would be ‘learning differently’ or ‘neurodiverse’. The person with dyslexia is no less intelligent than others, it’s just that their brain learns differently. Therefore, with some adaptations to enable them to work in a way that works for them, they can work just as effectively as their colleagues.
Our advice would be to do the following:
· Never make assumptions about an employee.
· Focus on their ability and not their disability.
· Ask questions in a sensitive manner, so you can gain a sufficient understanding to support an employee correctly.
· Review your organisational culture and look at ways to remove any barriers for those with disabilities.
It’s also important to remember that it’s not your place to diagnose or determine someone’s disability.
HR advice on disability at work
‘Disablism’ is the term used for discrimination against people with disabilities. Employers have a legal responsibility to protect employees from discriminatory behaviours. Failure to support employees with a disability in an appropriate manner could lead to a costly and time-consuming Employment Tribunal.
Where an employer is deemed to have discriminated against someone, this could result in an employee making a claim. Refusing to make reasonable adjustments, for example, or treating someone less favourably than other employees could be seen as discriminatory.
Check your policies and processes in relation to disability, and make sure your managers and teams have been trained on this subject. Raise awareness within your organisation and promote a positive and inclusive culture when it comes to both disability and diversity.
At Invictus HR, we have a sensitive and empathetic approach to disability. Our Disability Awareness Training enables your managers and teams to learn the appropriate way to support employees with a disability. Whether you need HR advice on a retained basis or ad hoc assistance with people management or policies, we can help.
For more guidance on how to support employees with a disability, please get in touch.
Sources:
https://www.acas.org.uk/disability-at-work
https://www.legislation.gov.uk/ukpga/1995/50/contents
https://www.gov.uk/definition-of-disability-under-equality-act-2010
https://www.gov.uk/when-mental-health-condition-becomes-disability