There is much discussion around the increasing rate of unemployment, the employability status of the population should also be considered. Employability is the ability of people in the population to possess the required skill set and experience to practically handle a form of business or job. Some of the population are employable but registered disabled. However, their disability status should not be a reason for them not being accepted by an organization.
Some organizations have been withdrawing jobs due to their employees physical disability and as such have in a way created terrible workplace conditions and made their workplace an unsafe zone for individuals who have to live with and manage their disabilities. A recent survey indicated that withdrawn job offers and concerns over suitability creates ‘tough and unwelcoming environment’ for disabled people.
In research conducted by Charity Leonard Cheshire. It was found that seven in every ten disabled person in the United kingdom, was forced to quit their work based on their physical conditions. In the UK, only 46.5% of working age disabled people are employed; whereas adults with learning difficulties sits at just at 6%. Although the United Kingdom government has promised that more disabled people would be given employment as they would create new policies to make sure organizations enforce and implement, such policies, and also negotiating with various trade unions. Even with these promises, there are more disabled people leaving their jobs, If you are disabled and trying to succeed at work, the odds are fully stacked against you in numerous way, such as, a lack of career support to the lack of standard infrastructures to help their disability, to the ignorance and discrimination amongst fellow co-workers. Moreover when a disabled person successfully is offered a job, they’re likely to be paid less than non-disabled people. Research by the Equality and Human Rights Commission found that, during the period 1997-2014, the disability pay gap was 13% for men and 7% for women. In the case of disability discrimination it is worth seeking advice from an employment solicitor, on a no win no fee basis so that they can offer support and help determine with the claim should be pursued in a tribunal.
There are regulations in the United Kingdom, which helps improve the rights and opportunities for people with disabilities. The Equality Act 2010 protects disabled employees from discrimination in the workplace. The duty to make reasonable adjustments is the most common form of protection and where that duty arises. This basically means that every employee can use the benefits of the equality acts to ensure that the workplace is not unduly unsafe for them, and that they do not experience any form of discrimination.
A big hindrance to employers as regards adjustments is that it is not always apparent when someone has a disability or a disability arising from a condition, as they can be ‘hidden’ or ‘invisible’. Some of such includes cancers, autism, epilepsy and mental health conditions. However once the employer is aware or has a reasonable grasp on the fact that the individual is disabled, such a person is likely to be placed at a disadvantage as a result of the disability. Employers are prohibited from asking applicants questions about their health other than for prescribed reasons. Reasonable adjustments need only be considered where a disabled candidate requests them, or the employer becomes aware of a substantial disadvantage due to a disability.
Tom Street qualified as a solicitor in 2003 and has over 20 years experience in employment and litigation law. He studied law at the University of Manchester before undertaking the legal practice course at the College of Law in Guildford, going on to complete his legal training at a firm in Chancery Lane, London. Once fully qualified, he moved to a niche litigation practice in the City of London.
In 2010, Tom set up his own legal practice, Tom Street & Co Solicitors and as part of this, in accordance with his strongly held objective to provide everyone with an easy pathway to justice he established the online portals Do I Have A Case? and Tribunal Claim. These websites are trading names of Tom Street & Co Solicitors.