What equality law means for you as an employer: dismissal, redundancy, retirement and after a worker has left What’s in this guide If you are an employer, and you are making a decision, or taking action following a decision, to dismiss a worker or make a worker redundant, or regarding what you do after someone has stopped working for you (for example, if you are asked for a reference), equality law applies to you. Equality law applies: whatever the size of your organisation whatever sector you work in whether you have one worker or 10 or hundreds or thousands whether or not you use any formal processes or forms to help you make decisions (although sometimes the law says you must follow a formal process and that some things have to be done in writing). This guide tells you how you can avoid all the different types of unlawful discrimination. It recognises that smaller and larger employers may operate with different levels of formality, but makes it clear how equality law applies to everyone, and what this means for the way you (and anyone who already works for you) must do things. This guide covers the following situations and subjects (we explain any unusual words as we go along):
automatically considering them for early medical retirement. If the impact of a person’s impairment is becoming more severe for them but this is not impacting on their ability to do their job then this should not be part of a decision about whether they continue to work for you. However, if an impairment is making it harder for a disabled person to do their job, then the first step you must take is to consider what reasonable adjustments could be put in place to keep them at work. If you do not look at reasonable adjustments, then requiring someone to stop working for you may be unlawful disability discrimination. Reasonable adjustments to consider Reasonable adjustments will vary according to the situation and the person’s particular needs. However, things to consider could include: A phased return to work if someone has been off for a long while. Part-time or flexible hours if someone is finding full-time working difficult. Changes to premises, such as installing a ramp, improving signs, or moving someone’s desk nearer essential office equipment. Provision of additional equipment, such as specific computer software or hardware if this is relevant to their job. Additional support (for example, a part-time reader for someone who has a visual impairment to help manage the volume of written information which they have to get through). Reassigning some elements of their job to another member of staff or transferring them to another role in your organisation. You can read more about making reasonable adjustments to remove barriers for disabled people in , including how to work out what is reasonable and how the government-run Access to Work scheme may be able to help. Taking advice In appropriate cases, as well as discussing it with the worker themselves, you may wish to consider seeking expert advice on the extent of someone’s capabilities and on what might be done to change premises or working arrangements. There are organisations that specialise in working with employers and their staff to help retain disabled workers through working out what adjustments could be made and whether they are reasonable. Further details about these organisations are given in Part 5 of