Disability equality

Disability discrimination

It is unlawful to discriminate against workers because of a physical or mental disability or fail to make reasonable adjustments to accommodate a worker with a disability.

Under the Equality Act 2010 a person is classified as disabled if they have a physical or mental impairment which has a substantial and long-term effect on their ability to carry out normal day-to-day activities. Day-to-day activities include things such as using a telephone, reading a book or using public transport.

The Equality Act 2010 provides disabled people with protection from discrimination in a range of areas, including in employment and in the provision of goods and services.

This means that employers must not:

  • directly discriminate against a person because of their actual or perceived disability, or because they associate with a disabled person
  • treat a disabled person less favourably for a reason related to his or her impairment, unless that treatment can be justified for example an employer may reject someone who has a severe back problem where the job entails heavy lifting
  • have procedures, policy or practices which, although applicable to all workers, disproportionately disadvantage those who share a particular disability, unless these can be justified
  • avoid making reasonable adjustments in the recruitment and employment of disabled people. This can include, for example, adjustments to recruitment and selection procedures, to terms and conditions of employment, to working arrangements and physical changes to the premises or equipment
  • treat an employee unfairly who has made or supported a complaint about discrimination because of disability.

Disabled employees are also protected from harassment. Harassment is unwanted conduct related to disability which has the purpose or effect of violating an individual's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual.

Employers should ensure they have policies in place which are designed to prevent discrimination in:

  • recruitment and selection
  • determining pay
  • training and development
  • selection for promotion
  • discipline and grievances
  • countering bullying and harassment.

Questions and answers

Must employers take an employee's disability into account?

Yes. If an employee has a disability that is making it difficult to work, employers should consider what reasonable adjustments they can make in the workplace to help or schedule an interview with the employee to discuss what can be done to support them. This could be as simple as supplying an adequate, ergonomic chair or power-assisted piece of equipment. Reasonable adjustments also include re-deployment to a different type of work if necessary. Typically, many reasonable adjustments can cost less than £100.

Where can I get more support from the RCN?

You can also contact Peer Support @ MSS (formerly the Work Injured Nurses Group and Disabled Nurses Network)
The network is new and aims to build on the work of the previous groups; the Work Injured Nurses Group and the Disabled Nurses Network. It is a membership group for any member affected by physical or psychological injury, ill-health or disability - whether work-related or not.

The group exists to assist members in making connections with peers to give and receive support. Perhaps you are retired and wish to maintain links with others in your profession? Perhaps you have recently become disabled and would like to speak with others who have had similar experiences? There are many reasons to join.
Any RCN member can join - free of charge - and membership of the group does not affect any other forum membership (Peer Support @ MSS is not a forum.) The majority of members join because of a work-related injury or condition, but membership is open to all RCN members affected by ill health or disability or those who have an interest in health at work and/or disability rights issues.

To join please complete the Peer Support application form. Should you have any enquiries then please direct them to mss@rcn.org.uk

Enquiries can also be made using the RCN Member Support Services helpline - 0345 408 4391 option three, 9.30am - 4.30pm weekdays.

There is also a discussion board for the group here

What can an RCN member do if they think they have been discriminated against?

If you feel you have been treated unfairly because of your age, contact your local RCN representative in the first instance or contact RCN Direct on 0345 772 6100.

What is meant by discrimination by association?

Discrimination by association is where an employee may be discriminated against because of their association with another person. An example of this could be where an employer discriminates against the employee because a close relative has a disability, or perhaps has responsibility for caring for someone who has a disability.

Useful contacts

Equality and Human Rights Commission
Disability Rights UK
Business Disability Forum
Mind