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{{org_field_name}}

Registration Number: {{org_field_registration_no}}

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Supporting Employees with Disabilities Policy

1. Purpose

This policy sets out {{org_field_name}}’s commitment to supporting disabled employees and job applicants and to complying with its legal duties in relation to disability in employment. {{org_field_name}} will not unlawfully discriminate against, harass or victimise a person because of disability and will make reasonable adjustments where required by the Equality Act 2010.

{{org_field_name}} recognises that the duty to make reasonable adjustments may apply where a disabled person is placed at a substantial disadvantage by a provision, criterion or practice, by a physical feature of the workplace, or because an auxiliary aid is required. The organisation will consider and implement reasonable adjustments in accordance with the circumstances of each individual case.

As a provider of regulated adult social care services in England, {{org_field_name}} will also ensure that arrangements for supporting employees are consistent with its obligations under the Health and Social Care Act 2008, the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 and applicable Care Quality Commission requirements, including requirements relating to good governance, staffing and the fitness of persons employed.

{{org_field_name}} is committed to maintaining a working environment in which disabled employees are treated with dignity and respect and are supported, where reasonably practicable and legally required, to carry out their roles safely and effectively.

2. Scope

This policy applies to all employees of {{org_field_name}}, including full-time, part-time, temporary, bank, and agency staff. It covers all aspects of employment, from recruitment to ongoing support, ensuring compliance with equality and disability inclusion principles.

3. Legal and Regulatory Framework

This policy will be implemented in accordance with the following legislation and regulatory requirements:

• Equality Act 2010: Disability is a protected characteristic under the Act. The Act prohibits unlawful direct and indirect disability discrimination, discrimination arising from disability, harassment and victimisation and imposes a duty on employers to make reasonable adjustments for disabled applicants and employees where the statutory requirements are met. The Act also restricts questions about an applicant’s health or disability before an offer of work is made, subject to specified statutory exceptions.
• Health and Safety at Work etc. Act 1974: {{org_field_name}} must, so far as is reasonably practicable, protect the health, safety and welfare at work of its employees. Health and safety arrangements will be applied without unlawful discrimination and alongside the organisation’s duty to consider reasonable adjustments for disabled employees.
• Health and Social Care Act 2008 and the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014: As a registered provider, {{org_field_name}} must comply with the requirements applicable to its regulated activities. In relation to the workforce, these include requirements concerning effective governance, sufficient numbers of suitably qualified, competent, skilled and experienced staff, and ensuring that persons employed are fit and able to perform the work for which they are employed.
• CQC regulatory requirements: {{org_field_name}} will have regard to current CQC guidance concerning compliance with the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, including Regulation 17 – Good governance, Regulation 18 – Staffing and Regulation 19 – Fit and proper persons employed. The organisation will also take account of CQC’s assessment expectations concerning workforce wellbeing and enablement and workforce equality, diversity and inclusion.

The Disability Discrimination Act 1995 must not be relied upon in this policy as the current principal legislation governing disability discrimination in employment. The relevant current statutory framework is the Equality Act 2010.

4. Commitment to Disability Inclusion

{{org_field_name}} will comply with the Equality Act 2010 and will ensure that disabled applicants and employees are not subjected to unlawful treatment because of disability.

This commitment includes the following:

• Direct discrimination: {{org_field_name}} will not treat an applicant or employee less favourably because of disability where such treatment is prohibited by the Equality Act 2010.
• Discrimination arising from disability: {{org_field_name}} will not treat a disabled person unfavourably because of something arising in consequence of their disability unless the treatment can lawfully be shown to be a proportionate means of achieving a legitimate aim. This may include matters such as disability-related absence, methods of communication, reduced capacity associated with a disability or other consequences of the person’s disability.
• Indirect discrimination: Employment provisions, criteria and practices will be reviewed where appropriate to ensure that they do not place disabled people at a particular disadvantage unless the provision, criterion or practice can lawfully be justified as a proportionate means of achieving a legitimate aim.
• Harassment: Disability-related harassment will not be tolerated. Employees must not engage in unwanted conduct related to disability that has the purpose or effect prohibited by the Equality Act 2010.
• Victimisation: No applicant or employee will be subjected to a detriment because they have done, or are believed to have done or may do, a protected act under the Equality Act 2010, including making an allegation of disability discrimination or supporting another person’s Equality Act complaint.
• Reasonable adjustments: {{org_field_name}} will make reasonable adjustments where the statutory duty applies. Adjustments will be considered individually and may relate to working arrangements, policies or practices, physical features, equipment, auxiliary aids, working hours, communication arrangements, training, supervision or other aspects of employment.
• Equal employment opportunities: Disabled employees will have equal access, subject to legitimate role requirements, to recruitment, training, promotion, supervision, career development and other employment opportunities.

5. Recruitment and Selection

{{org_field_name}} will conduct recruitment and selection in accordance with the Equality Act 2010 and will provide reasonable adjustments for disabled applicants where the statutory duty applies.

Accessible Recruitment

• Applicants will be informed that reasonable adjustments can be requested for the recruitment and selection process.
• Reasonable steps will be taken to ensure that recruitment methods, interviews, assessments and associated information do not place disabled applicants at a substantial disadvantage.
• Alternative or accessible formats will be provided where this amounts to a reasonable adjustment.

Pre-employment Health and Disability Questions

Before making an offer of work, whether conditional or unconditional, {{org_field_name}} will not ask an applicant questions about their health or disability except where the question is permitted by section 60 of the Equality Act 2010.

Questions may be asked before an offer only where they are necessary for a lawful purpose permitted by the Equality Act 2010, including:

• establishing whether an applicant requires reasonable adjustments in connection with a recruitment assessment;
• establishing whether an applicant will be able to carry out a function that is intrinsic to the work concerned, taking account of any reasonable adjustments that may be required;
• monitoring diversity;
• taking lawful positive action in relation to disabled people; or
• establishing whether an applicant has a particular disability where having that disability is a lawful occupational requirement for the work.

Information obtained for the purpose of arranging reasonable adjustments or monitoring equality will not be used unlawfully when deciding whether to appoint an applicant.

Following an offer of employment, {{org_field_name}} may obtain relevant health information where there is a legitimate and lawful need to do so, including determining fitness for work, identifying appropriate workplace support and considering reasonable adjustments.

Fair Assessment

• Selection decisions will be based upon the requirements of the role and the applicant’s skills, competence, qualifications and experience.
• Disability must not be used as a reason to reject an applicant where doing so would constitute unlawful discrimination.
• Where an applicant may be unable to meet a requirement because of disability, any duty to make reasonable adjustments must be considered before a final decision is made.

Guaranteed Interview Scheme

Where {{org_field_name}} operates a guaranteed interview or equivalent disability recruitment scheme, it will be applied consistently in accordance with the published criteria of that scheme. Participation in such a scheme does not remove the organisation’s separate duties under the Equality Act 2010.

6. Reasonable Adjustments in the Workplace

{{org_field_name}} will make reasonable adjustments for disabled applicants and employees where required by the Equality Act 2010.

The duty to make reasonable adjustments is not limited to circumstances in which an employee makes a formal written request. The organisation will consider whether reasonable adjustments are required where it knows, or could reasonably be expected to know, that a person is disabled and is likely to be placed at a substantial disadvantage in circumstances to which the statutory duty applies.

Circumstances in Which Adjustments Will Be Considered

Reasonable adjustments will be considered where:

• a provision, criterion or practice places a disabled person at a substantial disadvantage compared with a person who is not disabled;
• a physical feature places a disabled person at a substantial disadvantage; or
• a disabled person would be placed at a substantial disadvantage without an auxiliary aid or auxiliary service.

Examples of Reasonable Adjustments

Depending upon the person’s circumstances and what is reasonable, adjustments may include:

• changes to working hours, shift patterns or working arrangements;
• alterations to duties or to the way in which duties are carried out, where reasonable;
• adjustments to workplace policies, procedures or performance arrangements;
• adjustments relating to disability-related absence;
• alterations to premises or workstations;
• specialist or adapted furniture or equipment;
• assistive technology or auxiliary aids;
• accessible information or alternative communication methods;
• additional supervision, support or training;
• transferring to a suitable existing vacancy where this is a reasonable adjustment; or
• a phased return to work following disability-related absence.

This list is illustrative and is not exhaustive.

Identifying and Agreeing Adjustments

Employees are encouraged to tell their line manager or HR if they experience a workplace disadvantage related to a disability or believe that an adjustment may assist them. An employee may raise the matter verbally or in writing.

Where {{org_field_name}} becomes aware by another means that an employee may be disabled and experiencing a substantial disadvantage, managers must not rely solely upon the absence of a formal request. Appropriate discussion with the employee must take place where necessary to determine whether the reasonable-adjustment duty applies.

The employee will be involved in discussions about potential adjustments. Relevant professional advice, including occupational health advice, may be obtained where appropriate and lawful, but the responsibility for deciding and implementing reasonable adjustments remains with {{org_field_name}}.

A recommendation from occupational health or another professional will be properly considered but will not replace the organisation’s obligation to assess the individual circumstances and its duties under the Equality Act 2010.

Determining What Is Reasonable

Whether an adjustment is reasonable will be assessed according to the individual circumstances. Relevant factors may include:

• whether the adjustment would remove or reduce the disadvantage;
• practicality;
• the cost of the adjustment;
• the organisation’s financial and other resources;
• disruption to the service;
• health and safety considerations;
• the availability of external assistance; and
• the effect of the proposed adjustment upon the effective delivery of the service.

A reasonable adjustment required under the Equality Act 2010 will not be made conditional upon the disabled employee paying the cost of the adjustment.

Recording and Reviewing Adjustments

Agreed adjustments will be recorded appropriately and communicated to those who need to implement them.

Adjustments will be reviewed where there is a relevant change in the employee’s condition, role, duties, workplace or working arrangements, or where the employee or manager identifies that an existing adjustment is no longer effective.

A decision not to implement a requested adjustment will be based upon the individual circumstances and the legal test of reasonableness rather than assumptions about disability.

7. Supporting Employees with Long-Term Health Conditions

{{org_field_name}} recognises that a long-term health condition may amount to a disability for the purposes of the Equality Act 2010 where the statutory definition of disability is met. Each case will therefore be considered on its individual facts rather than solely by reference to a medical diagnosis.

Health and Wellbeing Support

Where appropriate, support may include:

• access to occupational health advice;
• consideration of reasonable adjustments;
• mental health or wellbeing support available through the organisation;
• changes to working arrangements;
• support with a return to work; and
• review of workplace risks where required.

Disability-related Absence

Where sickness absence is related to a disability, {{org_field_name}} will consider its obligations under the Equality Act 2010 before taking action under attendance, capability or other employment procedures.

Managers must consider:

• whether the absence, conduct, performance issue or other matter arises in consequence of disability;
• whether any reasonable adjustment to the employee’s duties, working arrangements or the relevant attendance or employment procedure is required;
• whether further medical or occupational health advice is reasonably required;
• whether a phased return or other workplace adjustment is appropriate; and
• whether proposed unfavourable treatment because of something arising from disability would be lawful and capable of objective justification.

Disability-related absence will not automatically be treated in exactly the same way as other sickness absence where doing so would breach the Equality Act 2010.

Nothing in this section prevents {{org_field_name}} from managing attendance or capability where it is lawful and reasonable to do so. Any action must, however, take account of the employee’s individual circumstances and the organisation’s Equality Act duties.

8. Workplace Accessibility and Inclusive Environment

Physical Accessibility

• Workspaces will be assessed for accessibility, ensuring ease of mobility.
• Accessible restrooms and communal areas.

Digital Accessibility

• Internal systems, training materials, and communication methods will be accessible.
• Alternative formats available for key documents (e.g., large print, braille, audio).

9. Training and Awareness

Staff Training

• All employees receive disability awareness training.
• Managers trained in making reasonable adjustments and providing support.

Promoting Inclusivity

• Awareness campaigns to reduce stigma and increase understanding.
• Encouragement of open dialogue about disabilities and support needs.

10. Handling Complaints and Grievances

{{org_field_name}} will not tolerate unlawful disability discrimination, discrimination arising from disability, harassment or victimisation.

An employee who believes that they have experienced unlawful treatment relating to disability, that a reasonable adjustment has not been properly considered or implemented, or that they have suffered victimisation after raising an equality concern may raise the matter under the organisation’s grievance procedure.

Employees may raise concerns with their line manager, HR or another appropriate manager where the normal reporting route is inappropriate because of the circumstances of the complaint.

Complaints will be considered promptly, fairly and as confidentially as reasonably practicable in accordance with CH31 – Disciplinary and Grievance Policy.

No employee will be subjected to a detriment because they have made, supported or given evidence in connection with a complaint or allegation of unlawful discrimination, provided that the protection against victimisation applies in accordance with the Equality Act 2010.

Appropriate action will be taken where an investigation establishes that discrimination, harassment, victimisation or another breach of organisational requirements has occurred.

11. Monitoring and Compliance

{{org_field_name}} will maintain appropriate arrangements to monitor implementation of this policy and compliance with its statutory and regulatory obligations.

Equality Act Compliance

Managers and HR, where applicable, will monitor the implementation and effectiveness of reasonable adjustments and will address identified concerns relating to disability discrimination, harassment or victimisation.

Reasonable-adjustment decisions and reviews will be recorded to an appropriate level so that {{org_field_name}} can demonstrate that requests and identified needs have been properly considered and acted upon.

CQC and Regulatory Compliance

As a registered provider, {{org_field_name}} will ensure that workforce arrangements relevant to this policy are consistent with the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, including:

• Regulation 17 – Good governance: systems and processes relevant to workforce governance must be operated effectively and records required for the management of the regulated activity must be appropriately maintained;
• Regulation 18 – Staffing: sufficient numbers of suitably qualified, competent, skilled and experienced staff must be deployed, and staff must receive appropriate support, training, professional development, supervision and appraisal as required by the Regulation; and
• Regulation 19 – Fit and proper persons employed: persons employed for the purposes of carrying on a regulated activity must meet the applicable fitness requirements, and the provider must have appropriate recruitment and ongoing workforce arrangements.

Disability will not of itself be treated as evidence that a person is not fit to perform a role. Decisions concerning an employee’s ability to perform work must take account of the person’s individual circumstances and any reasonable adjustments required by the Equality Act 2010.

{{org_field_name}} will also take account of current CQC assessment expectations relating to workforce wellbeing and enablement and workforce equality, diversity and inclusion when reviewing the effectiveness of its workforce arrangements.

12. Related Policies

• CH28-Staff Conduct and Code of Ethics Policy
• CH30-Equality, Diversity, and Inclusion Policy
• CH16-Health and Safety at Work Policy
• CH31-Disciplinary and Grievance Policy
• CH27-Staff Supervision, Training, and Development Policy

13. Policy Review

• This policy will be reviewed annually or sooner if required due to changes in CQC regulations, employment laws, or business needs.
• Updates will be made to ensure continued compliance and best practices.

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Responsible Person: {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}
Reviewed on: {{last_update_date}}
Next Review Date: {{next_review_date}}
Copyright © {{current_year}} – {{org_field_name}}. All rights reserved.