Disability in employment: policy, procedure and guidance
1. Policy statement
- Our approach to disability equality focuses on the social model of disability. We aim to create an inclusive and supportive working environment where all staff with a disability or long term health condition feel valued and can reach their full potential.
- In promoting a proactive approach to anticipating barriers that exist in the workplace rather than individual impairments this encourages an accessible and inclusive environment for all. We understand that disabled staff or those with long term health conditions may need reasonable adjustments and additional support to meet the demands of their role.
2. Definition of Disability
- Disability is a protected characteristic under the Equality Act 2010. The full definitions of a disability are set out in the HM Government document Equality Act 2010 Guidance.
- It states that:
- Under the Equality Act 2010, we must consider making reasonable adjustments when:
- we know, or could be expected to know, a member of staff employee or job applicant has a disability or long term health condition
- a member of staff or job applicant with a disability or long term health condition asks for adjustments
- a member of staff with a disability or long term health condition is having difficulty with any part of their role
- a member of staff's absence record, sickness record or delay in returning to work is because of or linked to their disability or long term health condition
- We must make changes if they're reasonable and what is reasonable will depend on each situation.
'A person has a disability if they have a physical or mental impairment, and the impairment has a substantial and long-term adverse effect on his or her ability to carry out normal day-to-day activities.' Equality Act 2010, section 6
3. Time off for medical appointments related to a disability or long term health condition
- Time off for disabled employees who need treatment, rehabilitation or assessment related to their disability or long term health condition is identified under the Equality Act as a reasonable adjustment. It is given as an example of good practice in the Equality and Human Rights Commissions Employment Statutory Code of Practice (pdf).
- This type of time off is planned and different from sickness absence that is unpredictable and for unknown periods of time. There may be occasions when this time off will need to be taken at short notice and/or is unpredictable and flexibility should be applied. Some examples of what this time off may cover are:
- Assessment for conditions
- Training, for example with a guide or hearing dog or in the use of specialist equipment
- Medical appointments or specialist check-ups including monitoring of related equipment or treatment
- To allow time for adjustments or adaptions to be made
- Counselling/therapeutic treatment
- Recovery time after a blood transfusion or dialysis treatment
- Physiotherapy
- This time off should be discussed between the member of staff and line manager and recorded as a reasonable adjustment on the Individual Adjustment Plan for the member of staff.
- Where possible, appointments should be made outside of working hours, however we understand that scheduling appointments is sometimes outside of the individual's control. In these cases paid time off will normally be granted. The line manager will discuss with the member of staff any impact this time off will have on their role and attendance.
4. Recording Disability related sickness absence
- Recording disability related sickness absence separately to general sickness absence is seen as good practice and helps to remove any disadvantage experienced by disabled people or those with a long term health condition. It is also recognised that a disability or long term health condition may mean that a member of staff has a higher level of sickness absence.
- If a particular absence is linked to a member of staff's disability or long term health condition then this will be recorded as disability related sickness absence and not general sickness absence when completing the Return to work discussion form following each episode.
5. Disability related absence
- This will not automatically be counted towards levels of absence and prompt a formal review but line managers may discuss such absences on a case by case basis with HR under the Managing ill-health and sickness absence Policy to explore whether any further support or Reasonable Adjustments can be identified to support individuals (see the section titled managing sickness absence/sickness absence definitions). Recording the distinction between general sickness absence and disability related absence, will assist managers with this.
- o support a member of staff with a disability or long term health condition absence triggers could be increased/adjusted and recorded as a reasonable adjustment, please refer to the Reasonable adjustment process for staff with a disability or long term health condition. However this will be looked at on a case by case basis and the particular circumstances involved as explained above.
6. Disability language
- You should always take the lead from the individual on how they prefer to be described. As not everyone who is protected under the Equality Act will see themselves as disabled. For example, a person with ADHD may not consider themselves disabled, but many still need reasonable adjustments at work.
7. Disability Inclusion Framework
- This framework outlines our approach to disability equality and consists of three sub-groups that oversee progress on the physical estate, e-accessibility and culture and good practice.
- See more information about the Disability Inclusion Framework.
Related policies and procedures
- Flexitime Policy
- Appointments, contracts and leavers
- Attendance, leave and absence
- Reasonable adjustment process for staff with a disability or long term health condition
- Managing Ill Health and Sickness Absence
Information and guidance
- Glossary of equality, diversity and inclusion terminology - Disability
- Accessibility at York webpages
- New member of disabled staff journey
Document control
- Last reviewed and updated: 1 November 2024