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{{org_field_name}}

Registration Number: {{org_field_registration_no}}

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Supporting Employees with Disabilities Policy

1. Purpose

The purpose of this policy is to ensure that {{org_field_name}} supports disabled employees and job applicants fairly, lawfully and consistently and provides an inclusive working environment in which disabled people are not subjected to unlawful discrimination, harassment or victimisation.

{{org_field_name}} will comply with its duties under the Equality Act 2010, including the duty to make reasonable adjustments for disabled job applicants and employees where the legal duty applies.

As a registered care home service in Wales, {{org_field_name}} will also comply with the Regulation and Inspection of Social Care (Wales) Act 2016 and the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017, as amended. In particular, when considering whether a person is fit to work at the service, the organisation will apply Regulation 35, including the requirement to consider whether the person is able, by reason of their health and after reasonable adjustments have been made, to properly perform the tasks which are intrinsic to the work for which they are employed or engaged.

This policy aims to:

• prevent unlawful discrimination, harassment and victimisation relating to disability;
• ensure that reasonable adjustments are properly considered and implemented where the legal duty applies;
• ensure that disabled applicants are treated fairly during recruitment and selection;
• ensure that decisions about an employee’s fitness, capability, attendance, development or continued employment are not based on assumptions about disability;
• support disabled employees to undertake their roles safely and effectively;
• ensure that relevant information about disability and health is handled confidentially and in accordance with applicable data protection legislation; and
• support compliance with applicable CIW regulatory requirements relating to the fitness, competence, support and development of staff.

2. Scope

This policy applies to:

• All employees, including full-time, part-time, agency, and voluntary staff.
• Prospective employees during recruitment and hiring processes.
• Managers and supervisors, ensuring they provide appropriate support.
• HR and senior leadership, responsible for policy enforcement and compliance.

3. Related Policies

This policy aligns with:

• Equality, Diversity, and Inclusion Policy (CHW30)​.
• Staff Supervision, Training, and Development Policy (CHW27)​.
• Health and Safety at Work Policy (CHW16)​.
• Risk Management and Assessment Policy (CHW18)​.
• Whistleblowing (Speaking Up) Policy (CHW29)​.

4. Legal and Regulatory Framework

{{org_field_name}} will comply with the legislation and regulatory requirements applicable to the employment and support of disabled people, including:

• Equality Act 2010 – including the provisions relating to disability discrimination, discrimination arising from disability, indirect discrimination, harassment, victimisation and the duty to make reasonable adjustments;
• Equality Act 2010, section 60 – which restricts questions about an applicant’s health or disability before an offer of employment is made, except in the circumstances permitted by law;
• Health and Safety at Work etc. Act 1974 – requiring the organisation, so far as is reasonably practicable, to protect the health, safety and welfare of employees;
• Management of Health and Safety at Work Regulations 1999 – including the requirement to undertake suitable and sufficient risk assessments and implement appropriate preventive and protective measures;
• Data Protection Act 2018 and UK General Data Protection Regulation (UK GDPR) – particularly the requirements relating to the lawful, fair, secure and confidential processing of information about an employee’s health or disability;
• Regulation and Inspection of Social Care (Wales) Act 2016;
• Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017, as amended, including:
  • Regulation 12, concerning the maintenance of appropriate and up-to-date policies and procedures;
  • Regulation 34, concerning suitably qualified, trained, skilled, competent and experienced staff;
  • Regulation 35, concerning the fitness of staff, including whether a person is able, by reason of their health and after reasonable adjustments have been made, to properly perform the tasks intrinsic to their work; and
  • Regulation 36, concerning the support and development of staff; and
• applicable statutory guidance issued by the Welsh Ministers under the Regulation and Inspection of Social Care (Wales) Act 2016 and relevant requirements and guidance issued by Care Inspectorate Wales and Social Care Wales.

The Social Services and Well-being (Wales) Act 2014 remains relevant to the wider operation and values of regulated social care services in Wales but does not replace the employer’s duties towards disabled employees under the Equality Act 2010.

5. Definition of Disability

For the purposes of this policy, disability will be interpreted in accordance with the Equality Act 2010.

A person is disabled for the purposes of the Equality Act 2010 if they have a physical or mental impairment that has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities.

For employment purposes, normal day-to-day activities include a person’s ability to participate fully and effectively in working life on an equal basis with other workers.

“Substantial” means more than minor or trivial. An effect will normally be regarded as “long-term” where it has lasted, or is likely to last, for at least 12 months, or for the rest of the person’s life.

The Equality Act contains additional provisions concerning particular conditions and circumstances. In particular:

• cancer is treated as a disability from diagnosis;
• HIV infection is treated as a disability from diagnosis;
• multiple sclerosis is treated as a disability from diagnosis;
• certain progressive conditions may meet the statutory definition before their effects become substantial;
• the effect of treatment or corrective measures may need to be disregarded when determining whether a person meets the definition, subject to the exceptions contained in the Equality Act; and
• people who have previously had a disability may continue to receive protection from disability discrimination in relation to that previous disability.

A disability may include a physical impairment, sensory impairment, mental health condition, learning disability, neurodevelopmental condition or long-term health condition where the statutory test is met.

Examples may include, depending upon the individual circumstances:

• mobility impairments;
• visual or hearing impairments;
• autism;
• attention deficit hyperactivity disorder (ADHD);
• dyslexia or dyspraxia;
• epilepsy;
• diabetes;
• depression;
• anxiety disorders;
• post-traumatic stress disorder; and
• other long-term physical or mental health conditions.

The organisation will not assume that an employee is or is not disabled solely because of a diagnosis. Whether the Equality Act definition is met will be considered in accordance with the statutory test and the circumstances of the individual, except where legislation provides that a condition is automatically treated as a disability.

Employees who have a temporary illness, injury or impairment that does not meet the Equality Act definition of disability will still be managed appropriately under relevant health, safety, sickness absence and employment procedures. However, the statutory reasonable adjustment duty applies where the requirements of the Equality Act 2010 are satisfied.

6. Recruitment and Selection

{{org_field_name}} will operate recruitment and selection processes that comply with the Equality Act 2010 and the fitness requirements applicable to staff working in regulated care home services in Wales.

Disability will not be used as a reason to reject an applicant where the applicant is able to perform the intrinsic requirements of the role with reasonable adjustments where those adjustments are required by law.

6.1 Inclusive Recruitment

Job descriptions and person specifications will accurately identify the essential duties, skills, qualifications, competence and other intrinsic requirements of the role.

Recruitment criteria must not include unnecessary requirements that unlawfully disadvantage disabled applicants.

Applicants will be informed that reasonable adjustments to the recruitment and selection process are available where required.

Reasonable adjustments may include, depending upon individual circumstances:

• providing application information in an accessible format;
• adjusting the location or physical arrangements of an interview;
• allowing an alternative method of communication;
• providing additional time or an appropriate adjustment to an assessment;
• allowing the use of necessary auxiliary aids; or
• making another reasonable change to remove or reduce a substantial disadvantage experienced by a disabled applicant.

6.2 Pre-employment Health and Disability Questions

Before an applicant has been offered employment, whether conditionally or unconditionally, {{org_field_name}} will not ask questions about the applicant’s health or disability except where such questions are permitted by section 60 of the Equality Act 2010.

Permitted enquiries may include enquiries necessary to:

• establish whether an applicant requires a reasonable adjustment to participate in the recruitment or assessment process;
• establish whether the applicant will be able to carry out a function that is intrinsic to the work concerned, taking account of the duty to make reasonable adjustments;
• undertake permitted diversity monitoring;
• support lawful positive action;
• establish whether a person meets an occupational requirement relating to disability where such a requirement is lawful; or
• meet another exception expressly permitted by legislation.

Information obtained solely to arrange reasonable adjustments for recruitment must not be used unlawfully when deciding whether to appoint the applicant.

6.3 Fitness Following an Offer of Employment

Where appropriate and lawful, health information may be sought after an offer of employment has been made for the purpose of determining fitness for the role and identifying any necessary workplace adjustments.

For roles within the regulated care home service, decisions concerning fitness must comply with Regulation 35 of the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017, as amended.

A person will not be regarded as unfit to work at the service merely because they have a disability or health condition. When considering health in relation to fitness, {{org_field_name}} will determine whether the person is able, after reasonable adjustments have been made where required, to properly perform the tasks that are intrinsic to the work for which they are employed or engaged.

Where additional medical information is reasonably necessary, advice may be sought from an occupational health professional or other appropriate healthcare professional, subject to the applicable legal requirements concerning consent, confidentiality and data protection.

7. Reasonable Adjustments

{{org_field_name}} will comply with the duty to make reasonable adjustments under the Equality Act 2010.

The duty may arise where a disabled job applicant or employee is placed at a substantial disadvantage compared with a person who is not disabled because of:

• a provision, criterion or practice applied by the organisation;
• a physical feature of premises; or
• the absence of an auxiliary aid.

Where the legal duty applies, {{org_field_name}} will take such steps as are reasonable to avoid or reduce that disadvantage.

The duty will be considered where the organisation knows, or could reasonably be expected to know, that the individual is disabled and is, or is likely to be, placed at the relevant substantial disadvantage.

7.1 Identifying Reasonable Adjustments

Reasonable adjustments will be considered individually. The employee will normally be involved in identifying the barrier they are experiencing and possible ways of removing or reducing it.

Where necessary, and subject to applicable confidentiality, consent and data protection requirements, occupational health or other appropriate professional advice may be obtained.

No employee will be required to establish that a particular adjustment has been provided to another employee. Adjustments will be considered according to the employee’s individual circumstances and the requirements of their role.

7.2 Types of Reasonable Adjustment

Depending upon the circumstances, reasonable adjustments may include:

• changing working arrangements or working hours;
• modifying a provision, criterion or working practice;
• making reasonable alterations to the physical working environment;
• providing an auxiliary aid or specialist equipment;
• providing information in an accessible format;
• modifying equipment;
• reallocating particular duties where this is reasonable and compatible with safe service delivery;
• providing additional training or supervision;
• modifying procedures for assessment or training;
• permitting additional or modified breaks;
• adjusting aspects of sickness absence management where reasonable;
• considering a phased return following sickness absence;
• considering suitable alternative employment where appropriate and reasonable; or
• making another reasonable change that removes or reduces the substantial disadvantage.

7.3 Determining What Is Reasonable

Whether an adjustment is reasonable will be determined according to the circumstances of the individual case.

Relevant considerations may include:

• whether the adjustment would remove or reduce the disadvantage;
• practicability;
• the cost and resources involved;
• the organisation’s size and resources;
• the availability of external assistance;
• the impact upon health and safety;
• the effect upon other staff and the delivery of the regulated service; and
• whether another effective adjustment is available.

Health and safety considerations will be based on an appropriate assessment of actual risk and will not be based upon assumptions or stereotypes about disability.

The requirement under Regulation 35 to ensure staff are fit to work at the regulated service will be considered only after reasonable adjustments have been made where required. A disabled employee will not be treated as unfit merely because they have a disability.

Where a requested adjustment is not considered reasonable, the reasons will be documented and, where possible, alternative reasonable adjustments will be considered with the employee.

7.4 Recording and Reviewing Adjustments

Agreed adjustments will be recorded appropriately and communicated only to those who need the information in order to implement them.

Adjustments will be reviewed when reasonably necessary, including where:

• the employee’s circumstances or needs change;
• the employee’s role or workplace changes;
• the adjustment is no longer effective;
• a health and safety assessment identifies relevant changes; or
• the employee or manager identifies that further consideration is necessary.

8. Training and Awareness for Staff

{{org_field_name}} will ensure that staff receive induction, training, supervision and development appropriate to their roles in accordance with Regulation 36 of the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017, as amended.

Managers and staff whose responsibilities include recruitment, supervision, attendance management, capability management or the implementation of workplace adjustments will receive appropriate information, instruction or training to enable them to understand their responsibilities under this policy and the Equality Act 2010.

Training and development will be proportionate to the responsibilities of the employee and may include:

• disability equality and the prevention of unlawful discrimination;
• recognising and responding appropriately to requests for reasonable adjustments;
• inclusive recruitment practices;
• appropriate handling of confidential health and disability information; and
• any specialist knowledge required to enable an employee to carry out their role safely and competently.

The organisation will maintain appropriate records of staff training, supervision and development in accordance with its regulatory and organisational requirements.

9. Career Development and Progression

Employees with disabilities should have equal opportunities for career growth.

• Promotion decisions must be based on skills and performance, not assumptions about disability.
• Employees with disabilities are encouraged to participate in leadership training and career development programs.
• Mentoring and coaching are offered to support career progression.

10. Disability Discrimination, Harassment and Victimisation

{{org_field_name}} will not tolerate unlawful discrimination, harassment or victimisation relating to disability.

The organisation recognises that unlawful disability discrimination may include:

• direct discrimination;
• discrimination arising from disability;
• indirect discrimination;
• failure to comply with the duty to make reasonable adjustments;
• harassment related to disability; and
• victimisation because a person has carried out, or is believed to have carried out, a protected act under the Equality Act 2010.

No employee will be subjected to detrimental treatment because they have requested a reasonable adjustment, raised a genuine concern about disability discrimination, supported another person in raising such a concern or exercised another right protected by the Equality Act 2010.

10.1 Reporting Concerns

Employees who believe that they have experienced disability discrimination, harassment or victimisation may raise the matter through the organisation’s applicable grievance, dignity at work, equality or other relevant procedure.

Concerns may be raised with the employee’s line manager, Registered Manager or another appropriate person identified within the relevant procedure.

Concerns will be handled fairly, promptly and as confidentially as reasonably practicable.

Where necessary, reasonable adjustments will be made to enable a disabled employee to participate effectively in any grievance, investigation, disciplinary or related procedure.

10.2 Management Action

Allegations of discrimination, harassment or victimisation will be considered and investigated in accordance with the organisation’s applicable procedures.

Where misconduct is established, appropriate action may be taken under the organisation’s disciplinary procedure. Serious acts of unlawful discrimination, harassment or victimisation may constitute gross misconduct and may result in dismissal, depending upon the circumstances and following a fair disciplinary process.

11. Supporting Employees with Long-Term Health Conditions

Where an employee has a disability or long-term health condition that affects, or may affect, their work, {{org_field_name}} will discuss with the employee what support may reasonably be required.

The organisation will not subject disabled employees to routine medical assessments solely because they are disabled.

Where there is a reasonable and lawful need for further information about an employee’s health, functional abilities, workplace restrictions or possible adjustments, the organisation may seek appropriate occupational health or other professional advice, subject to applicable legal requirements concerning consent, confidentiality and data protection.

Support may include, where appropriate:

• reasonable adjustments;
• an individual workplace risk assessment where required;
• a return-to-work discussion following relevant sickness absence;
• a phased return to work;
• temporary or permanent modifications to duties where reasonable;
• altered working arrangements where reasonable;
• appropriate equipment or auxiliary aids;
• occupational health advice; or
• consideration of suitable alternative employment where appropriate and reasonable.

Where there is concern about an employee’s ability to perform their role safely or effectively, decisions will be based upon the employee’s individual circumstances, appropriate evidence, the intrinsic requirements of the role and any reasonable adjustments that can be made.

For staff working within the regulated service, any decision concerning fitness to work will comply with Regulation 35 of the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017, as amended. The relevant question is whether, after reasonable adjustments have been made where required, the employee is able by reason of their health to properly perform the tasks intrinsic to their work.

Where an employee can no longer perform particular duties, {{org_field_name}} will consider reasonable adjustments and any appropriate alternatives before reaching a decision concerning capability or continued employment.

Nothing in this section prevents the organisation from taking proportionate action where there is an evidenced health, safety, competence or fitness concern that cannot reasonably be addressed through reasonable adjustments.

12. Confidentiality and Health and Disability Information

Information concerning an employee’s disability, physical health or mental health will be treated as confidential and processed in accordance with the Data Protection Act 2018, UK GDPR and the organisation’s data protection policies and procedures.

Health and disability information will only be collected, recorded, accessed, used or disclosed where there is an appropriate lawful basis and, where required, an applicable condition for processing special category personal data.

Information will only be shared with managers, colleagues, occupational health professionals, healthcare professionals, HR personnel or other persons where there is a legitimate and lawful need for them to know the information.

Where a manager or colleague needs information in order to implement a reasonable adjustment, they should normally be given only the information necessary to implement that adjustment and should not automatically be provided with an employee’s diagnosis or wider medical information.

Records relating to disability, health, occupational health advice and reasonable adjustments will be:

• accurate and relevant;
• limited to what is necessary;
• stored securely;
• accessible only to authorised persons;
• retained in accordance with the organisation’s applicable retention requirements; and
• disposed of securely when no longer required.

Nothing in this section prevents information being disclosed where disclosure is required or permitted by law, including where necessary to protect the vital interests of a person or to comply with an applicable safeguarding or other statutory obligation.

13. Monitoring and Compliance

The Registered Manager and service provider will ensure that this policy is implemented in practice and remains consistent with applicable employment law and regulatory requirements.

Compliance will be monitored through appropriate organisational processes, which may include:

• review of requests for reasonable adjustments and whether agreed adjustments have been implemented;
• review of recruitment and employment practices;
• supervision and management oversight;
• review of relevant staff training and development;
• monitoring of grievances or complaints relating to disability discrimination;
• review of workplace accessibility where relevant; and
• review of any identified concerns relating to staff fitness, competence, health or safety.

Records relating to staff fitness, recruitment, training, supervision, reasonable adjustments and other relevant matters will be maintained where required by legislation, regulation or organisational policy and made available to Care Inspectorate Wales where the service provider is legally required to provide or make such records available.

Any identified failure to comply with this policy, the Equality Act 2010 or applicable regulatory requirements will be addressed promptly and appropriate corrective action will be taken.

14. Policy Review

This policy will be reviewed at least annually and sooner where necessary.

An earlier review will be undertaken where appropriate following:

• a relevant change in legislation or statutory guidance;
• a relevant change to the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017, as amended;
• relevant new or revised guidance from Care Inspectorate Wales, Social Care Wales, the Equality and Human Rights Commission or another competent authority;
• an identified compliance failure;
• an incident, grievance, complaint or employment matter demonstrating that the policy is no longer adequate or effective; or
• a material change to the organisation or the regulated service that affects the operation of this policy.

Any changes required by legislation or regulatory requirements will be incorporated without waiting for the scheduled annual review.

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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}}
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