Managing an Employee With a Disability or Health Condition

Managing fairly without avoiding the conversation

An employee has disclosed a disability or health condition, or you suspect their health may be affecting work. You still need to run the business and manage performance, attendance and conduct. The aim is not to stop managing, but to understand the circumstances and meet your legal obligations.

Disability and health conditions are not identical

Not every health condition meets the legal definition of disability, and some disabilities are not obvious. Under the Equality Act 2010, disability generally involves a physical or mental impairment with a substantial and long term adverse effect on normal day to day activities. Employers should avoid making quick assumptions either way.

When should we consider reasonable adjustments?

The duty to make reasonable adjustments can arise where a disabled person is placed at a substantial disadvantage by a workplace provision, criterion or practice, a physical feature or the absence of an auxiliary aid. Employers should consider what disadvantage exists and what changes might reasonably reduce it.

What reasonable adjustments might help?

Depending on the role and circumstances, possibilities include altered hours, additional breaks, assistive equipment, changes to communication methods, adjustments to duties, a phased return or a different way of assessing performance. An adjustment is not automatically reasonable merely because it is requested; assess effectiveness, practicality and the individual circumstances.

Can I ask an employee for medical information?

You can discuss functional impact and support needs sensitively. Occupational health advice may help where the position is unclear. Handle health data with particular care and ensure any collection, sharing and retention has an appropriate lawful basis and safeguards.

What about poor performance?

An employee with a disability can still be managed for legitimate performance concerns. But consider whether the standard, assessment method or lack of adjustments creates a disadvantage, and whether performance concerns are linked to disability. Adjustments and support may need to be considered before moving towards formal action.

What about sickness absence triggers?

Rigid application of absence triggers may create problems where absence is disability related. Consider whether adjusting trigger points or the management approach would be reasonable, while still assessing the operational impact of absence.

Can dismissal ever be lawful?

Potentially, depending on the reason, evidence, consultation, adjustments considered and available alternatives. But disability discrimination claims can arise irrespective of ordinary unfair dismissal qualifying service. Obtain advice before a capability or conduct dismissal where disability may be relevant.

How Nectar HR can help

Nectar HR supports employers with reasonable adjustment assessments, occupational health referrals, sickness and capability processes, performance management and difficult conversations involving health conditions.