The new thresholds will apply to all contracts let and procurements that begin after 1 January 2020.
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 engagement report found four key areas for improvement; key person risk, pension board management, protecting members from scams and handling employer-related risks.
Many local authorities have declared a “climate emergency”; heat networks can be a part of the solution.
The Government have announced that there will be urgent reviews leading to the discharge of wrongly detained young people.
A review conducted by the MoJ found that the costs of the OPG to supervise deputyships between 1 April 2008 and 31 March 2015 did not match the fees that the MoJ had set.
Final accounts may mark the end of the delivery phase, but risks remain that must be managed appropriately to avoid disputes.
Following a consultation earlier this year, the Regulator of Social Housing (RSH) has now published the final form of the new Rent Standard.
Following their consultation earlier this year, the Regulator of Social Housing (RSH) has now published the final form of the new Rent Standard.
We are delighted to announce the following promotions within Anthony Collins Solicitors.
Procuring organisations who have to make substantial changes to a contract during an OJEU tender process can breathe a sigh of relief.
To receive invitations to our events, as well as information and articles on legal issues and sector developments that are of interest to you, please sign up to Newsroom.