Employment Law Focus podcast

The rise of the disability agenda

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After Me Too and Black Lives Matter, there are growing signs that disability could be the next recipient of a major social media movement, not to mention new legal duties for employers.

In the UK, the government has published a new National Disability Strategy including mandatory reporting for employers, the employment gap is impossible to ignore, and the Tokyo Paralympics sparked the campaign WeThe15 representing the world’s 1.2 billion people with a disability.

But are employers ready for this? Disability varies wildly from other areas of equality law, and as PageGroup CEO and disability rights champion Steve Ingham recently said, many employers simply think: “It’s too complex an issue to grapple with” and therefore don’t engage.

We discuss:

  • Why this is such a complex area of employment law, and why employers should act now
  • The merits of pay gap reporting and quotas, but more importantly, the need for an inclusive workplace culture
  • Employer attitudes when deciding what is/is not a disability
  • The different types of disability discrimination and knowledge tests
  • The tricky business of using medical reports

We also explain cases covering:

  • Concealment of a disability
  • Assuming the knowledge of your agents
  • “Reasonable” adjustments including cost

Our listener question looks at four-day working weeks and what employers should consider when defining the scope of a trial.

Useful link: EHRC Code of Practice

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