What equality law means - Birmingham Disability Resource Centre

Which disabled people does the duty
apply to?
The duty applies to any disabled person who:
• works for you, or
• applies for a job with you, or
• tells you they are thinking of applying for a job with you.
It applies to all stages and aspects of employment. So, for example, where the duty arises
you must make reasonable adjustments to disciplinary or dismissal procedures and
decisions. It does not matter if the worker was a disabled person when they began working
for you, or if they have become a disabled person while working for you.
The duty may also apply after employment has ended.
The duty also applies in relation to employment services, with some differences which
are explained later in this chapter.
Reasonable adjustments may also be required in relation to occupational pension
schemes. This is explained later in this chapter.
Finding out if someone is a disabled person
You only have to make these changes where you know or could reasonably be expected
to know that a worker is a disabled person and is – or is likely to be – at a substantial
disadvantage as a result. This means doing everything you can reasonably be expected to
do to find out.
For example:
A worker’s performance has recently got worse and they have started being late for
work. Previously they had a very good record of punctuality and performance. Rather
than just telling them they must improve, their employer talks to them in private. This
allows the employer to check whether the change in performance could be for a
disability-related reason. The worker says that they are experiencing a recurrence of
depression and are not sleeping well which is making them late. Together, the
employer and the worker agree to change the worker’s hours slightly while they are
in this situation and that the worker can ask for help whenever they are finding it
difficult to start or complete a task. These are reasonable adjustments.
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