We have been working with care homes to update their contracts and advise on the risks of charging the resident a regular “top-up” or additional fee where a resident is funded through NHS CHC
An issue being brought into public view in the latter part of this decade, thanks to a healthy handful of royals and celebrities, is the existence of hidden disabilities.
Examples of these hidden disabilities include, but are not limited to, the following;
- Depression and mental illnesses
- Post-traumatic stress disorder (PTSD)
- Dyslexia and other learning disabilities
- Diabetes and epilepsy
- Autism Spectrum Disorder, attention deficit hyperactivity disorder (ADHD) and Asperger’s syndrome.
Are these conditions “disabilities”?
A “disability” under the Equality Act 2010 (EqA 2010) is any condition, mental or physical, that is an impairment that has a substantial long-term effect on the individual’s ability to carry out normal day-to-day activities.
Autism, dyslexia, dyspraxia, ADHD and Aspergers are all forms of neurodivergence. Neurodiversity refers to the different ways the brain can work and interpret information; most forms of neurodivergence will meet the definition of disability. Similarly, depression and other forms of mental illness will often be covered by the EqA 2010.
Knowledge of the disability
By virtue of their very label, these conditions can be hard to identify, and employers will not always know for certain of their existence. In these circumstances, constructive knowledge – knowledge that a reasonable employer would have, had they made appropriate and exploratory enquiries – is key. There are, however, limits to the exploratory steps an employer can make. Employers are only required to act reasonably and not perfectly!
What obligations do employers have?
An employee with a disability, as defined, is protected from discrimination on the grounds of that disability. Additionally, the employer, once they have actual or constructive knowledge of the disability has a duty to make reasonable adjustments for that disabled employee. In addition, if an employer puts in place a provision, criterion or practice (PCP) that adversely affects an employee with a disability and would similarly affect other employees with the same disability, this could also be indirect discrimination.
What should employers consider doing to address hidden disabilities?
- Create a working environment that is aware of and sympathetic of hidden disabilities, whether mental illnesses or forms of neurodivergence;
- Be aware that certain processes in the workplace may trigger what you would deem to be a disproportionate response; performance management, office move, changing systems etc.
- Recognise that often individuals with forms of neurodivergence have significant strengths over some of their colleagues and focus on those;
- Build good links with other professionals such as occupational health and other healthcare services so that you have confidence in them to assist
This is a key area for employers, so if you would like any further information or advice please contact Libby Hubbard.
The parliamentary processes are complete and the Restriction of Public Exit Payments Regulations 2020 (“the Regulations”) which cap exit payments in the public sector at £95,000 will be in force from 4 November.
As the UK’s social housing sector recovers from the initial Covid-19 outbreak and lockdown, now is the time to focus on the challenges that may emerge next.
There is no universal approach to regenerating town centres. However, housing must be considered a key part of any regeneration project – providing well-needed new homes and economic growth.
Friday 16 October marks the 6th annual Wear Red Day in England, Wales and Scotland. Wear Red Day is the brainchild of the charity; Show Racism the Red Card (SRTRC). SRTRC aims to educate young people so they are equipped to recognise and challenge stereotypes, misconceptions and negative attitudes towards race.
Alongside the Building Safety Bill published in July 2020, the Fire Safety Bill is a key step in the Government’s strategy to improve building and fire safety in the wake of the Grenfell Tower tragedy
Government regulations came into force on 23 September 2020 providing LGPS (local government pension scheme) employers with flexibility on meeting exit payments and LGPS funds with flexibility too
Charity Financials, the financial information program from Wilmington Charities, has published its latest Income Monitor report.
As employers face the end of the Coronavirus Job Retention Scheme on 31 October 2020, Katherine Sinclair and Libby Hubbard discuss the intricacies of the redundancy process for furloughed employees.
We have learned many things over the last six months; the latest lesson is that there is no new normal. The Government initiatives and guidance may have slowed down a pace, but the challenges for employers and their employees remain.
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