Disabled employees should not be denied the ability to engage in strategies and mechanisms which help to cope with the effects of their condition simply because they inconvenience other staff.
Chris Dobbs looks at a recent case where disability discrimination was disputed.
Coping with mental health issues in the workplace
In the case of Hanif v Department for Work and Pensions, the Claimant suffered from depression and anxiety which amounted to a disability. You can read our article about defining disability here.
The claimant had engaged in a return-to-work programme during which she raised the suggestion by her medical team that listening to music might help her when working around others.
What is a reasonable adjustment?
A reasonable adjustment is a change to ensure that an employee with a disability is not disadvantaged within the workplace.
Employers have a duty to make such adjustments, failure to do so could be considered discrimination.
What constitutes a reasonable adjustment?
The DWP initially refused this as a reasonable adjustment (though the Claimant alleged she was told informally she could do so) and later she was prevented from doing so for a time until a new manager decided to allow it.
The Respondent sought to argue that it impacted on the Claimant’s focus on her work and that other colleagues found it difficult to try and communicate with her while she was wearing headphones and listening to music.
However, as the Tribunal concluded, “tacitly condoning the claimant listening to music […] was not the same as giving the claimant express permission”. The DWP had failed in its duty to allow for reasonable adjustments to the Claimant’s workplace.
How to accommodate mental illness in the workplace – Advice for employers
Chris Dobbs says: “This is not an unexpected decision and goes to show that arguments by employers to refuse a request for a particular adjustment by a disabled employee do need to be well-founded.
The entitlement is to reasonable adjustments and while this is a subjective test in relation to both the particular employee and the circumstances of the employer, changes with limited impact on the business itself are unlikely to be unreasonable.
It was clearly the case here that simply allowing the employee to listen to music in a non-client facing role was reasonable in the circumstances.”
Employment solicitors in Bournemouth, Christchurch and Ringwood
At Frettens, we offer a free initial appointment for all new clients. This usually takes place over a coffee with one of our bright lawyers at our modern, conveniently located offices, but can also be over the phone or video call.
If you’d like to speak with one of our bright, friendly team, you can fill in the form on this page or give us a call on 01202 499255.
Comments