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The way we manage professional relationships can have a huge impact on our mental health and wellbeing.
Relationships at work can be tricky to navigate, especially if you feel you’re being treated differently because of your condition.
In this section, we’ll explore some possible solutions for opening up conversation with your employer and/or co-workers to make sure you feel comfortable in the workplace.
Although we all hope we’ll never experience discrimination in the workplace, unfortunately it can and does happen.
Thankfully, there are rules in place, enacted by law, to prevent workplace discrimination and provide those who experience it with the tools to address it.
Discrimination can happen at any point in your professional journey, including with regards to:
To protect individuals from experiencing discrimination in both their professional and their personal lives, the Equality Act was set up.
Introduced in October 2010 and bringing together over 116 pieces of legislation, the Equality Act is designed to promote equality, prevent discrimination and protect the rights of individuals. Government guidance on the Equality Act 2010.
The Act’s main aim is to protect people from discrimination, harassment and victimisation. By providing an actionable legal framework, it protects our rights and advances equal opportunities for all.
It protects everyone, but there are a number of personal attributes related to identity that the Act explicitly addresses. They’re known as protected characteristics.
These characteristics are a fundamental part of a person’s identity, and they’re safeguarded in the Act to make sure no one is treated unfairly based on these aspects.
The characteristics protected by the Act are:
The Act is in place to help people recognise harmful behaviour and correct it so as not to offend, upset or discriminate against another person. This can look like:
In practice, this means all individuals should be treated equally regardless of their race, gender, religion, sexual orientation, or any of the other protected characteristics listed above.
The Act requires that reasonable accommodations are made for those with disabilities or specific needs. This can include supporting physical accessibility, adjusting work schedules, or providing assistive technology to ensure everyone can access services or facilities.
The Act also serves to protect people from being harassed or bullied based on any of the protected characteristics (listed above).
Before we delve into disability discrimination, it’s important to understand what ‘disability’ actually means and looks like.
The Equality Act’s definition of disability applies to anyone who: has a physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities.
The Equality Act (2010) lists four main types of discrimination: direct, indirect, harassment, and victimisation.
Within the Act, there are two additional types of discrimination relating solely to the protected characteristic of disability: discrimination arising from a disability, and failure to make ‘reasonable adjustments’.
We’ll explore each type of discrimination in more detail below.
This type of discrimination can fall into one of three categories:
What does direct discrimination look like?
Direct discrimination can take many forms. If you have a disability and experience any of the following situations, this could be an example of direct discrimination:
Indirect discrimination is usually less obvious than direct discrimination, and is often unintentional.
In the workplace, this is where an employer brings in a rule or process that applies to all employees or job applicants, but puts those who share a certain protected characteristic (such as disability) at a disadvantage. These rules, processes or requirements can be expressed in writing or verbally.
Examples can include:
The only way this can happen and not be considered indirect discrimination is if the employer can justify their decision(s).
Indirect discrimination is justified if the employer can prove it is ‘a proportionate means of achieving a legitimate aim’. However, this can be difficult to prove as two criteria need to be met:
This needs to be a good business reason behind the decision made (often ‘cost’ is not considered a good enough reason).
The employer will also need to consider alternative ways of achieving the same aim that would be less discriminatory, and be able to show that the decision-making process has been fair and reasonable.
Harassment is defined as ‘unwanted conduct’ and must be related to one of the previously mentioned protected characteristics, for example disability.
Behaviour is considered to be harassment when it has the purpose or effect of harming a person’s dignity or creating a working environment that is:
Harassment can take many forms, but often looks like:
Whilst some people will attempt to pass such behaviour off as ‘banter’, this is not a valid defence or justification for their offensive behaviour.
Harassment doesn’t only impact the person on the receiving end of the insults; it can impact those around them, too. Where this is the case, another employee who has witnessed such behaviour can make a complaint of harassment even if they don’t share the same protected characteristic as the person being harassed.
Victimisation happens when an employee is treated differently or unfairly because they have spoken out against workplace discrimination. This can include:
Victimisation can also happen when it is believed that an employee has done one of these things, or that they’re likely to do so in the future, even if this isn’t the case.
Those who make or support an allegation of discrimination or victimisation are protected under the Equality Act, even if the information or evidence they give proves to be inaccurate. The only time this wouldn’t be the case is if they give support, information or evidence in bad faith (i.e. maliciously).
Discrimination arising from a disability occurs when someone is treated unfavourably not because of their disability itself, but because of something linked to their disability.
Those who experience this behaviour and make a complaint about it do not need to compare their treatment to how anyone else is being treated.
Examples of things linked with a disability might include:
Language plays a key role in disability discrimination law, and the terms ‘unfavourably’ and ‘less favourably’ are used carefully.
Much like with indirect discrimination, claims of discrimination arising from a disability will be successful if the person the complaint is logged against can’t objectively justify the unfavourable treatment (as ‘a proportionate means of achieving a legitimate aim’).
However, unlike with indirect discrimination, the person making the complaint doesn’t need to show that others with the same protected characteristic (i.e. disability) are disadvantaged; they only need to show that they themselves are disadvantaged.
Claims of discrimination arising from a disability are even more likely to succeed where the unfavourable treatment could have been avoided if the employer had made ‘reasonable adjustments’.
Failure to make ‘reasonable adjustments’ is one of the most common types of disability discrimination.
A ‘reasonable adjustment’ is a change made to the working environment, or working processes, that will help a disabled employee to fulfil the duties of their role more easily, without being at a disadvantage.
In the recruitment process, this is also extended to job applicants living with a disability.
As outlined in the section above, a ‘reasonable adjustment’ is a change made to the working environment, or working processes, that helps a disabled employee to fulfil their duties. Failing to do so is one of the most common types of disability discrimination.
When assessing whether or not ‘reasonable adjustments’ need to be made, usually an employer will ask some key questions:
Some adjustments will be simple and cheap to implement, and some even cost nothing. An employer will never be required to change the basic nature of a job, but where ‘reasonable adjustments’ need to be made, the employer will be required to foot the bill.
A ‘reasonable adjustment’ might include:
Changing the terms and conditions or working arrangement for a disabled employee
This can include:
Making physical changes to the workplace to make it more easily accessible
This can include:
Providing extra equipment
Such as supplying a disabled employee with a computer they can use to work from home when they need to
Employing a support worker
To provide additional assistance and support a disabled employee when working outside of the main workplace
The decision of what (if any) adjustments will be made ultimately sits with the employer. It’s advisable for employers to seek medical advice during the decision-making process so that they can make sure any changes made will benefit the employee.
Places to seek advice include:
In any case, the employer will need to focus on the employee’s ability to function on a day-to-day basis rather than focusing on a medical diagnosis.
Whilst the employer has a legal duty to make ‘reasonable adjustments’ that will support their disabled employees, sometimes the changes requested are unreasonable. In this case, the employer can refuse to make them.
Whether requested adjustments are reasonable or unreasonable depends on a number of factors, including:
‘Reasonable adjustments’ can be a complex area of disability to navigate. You can find more advice in the Statutory Code of Practice from the Equality and Human Rights Commission, or by calling the Acas Helpline on 0300 123 1100.
Access to Work is a government scheme that can help by providing advice (and sometimes financial support) for employers needing to make reasonable adjustments for an employee.
The scheme may contribute to, or cover the cost of, workplace adjustments such as specialist equipment, a support worker for the disabled employee, or specialist travel costs for getting to and from work if the employee can’t use public transport.
It’s important to talk openly with your employer whenever you’re struggling, as this is the only way to get the help you need. However, it’s not always easy to start the conversation.
In this section, we’ll explore some of the techniques you can use to open the dialogue with your employer and share information about your health.
Communicating when you’re struggling is key to getting the support you need to stay in work.
Being open and honest with your employer about your situation can be beneficial in a number of scenarios, including:
If your employer is in the know about your condition, they’re more likely to approve time-off requests during working hours so that you can get medical support when you need it.
Knowing about your condition and the factors that can make it worse may make it easier for your employer to take reasonable steps to accommodate your needs, including by making ‘reasonable adjustments’ if necessary.
Not only will your employer and your colleagues know what to do if you experience a medical emergency at work, but they’ll also know how best to support you during other emergency situations, such as in the event of a fire.
Whilst conversations about our health can sometimes feel awkward and uncomfortable, they don’t need to be.
Before talking to your employer, think about what you’re going to say and how you might be able to explain your needs.
Here are some top tips you can use to prepare for this situation:
You might consider speaking to your GP or occupational therapist about how your condition can affect your work (along with possible solutions you/your employer could implement to make things easier)
Preparing extra materials that you can leave with your employer will help them to learn more about your condition and understand how it affects you at work. Having documents like this to hand can also be helpful in case they ask you any questions that you’re not quite sure how to answer.
Listing the steps you’re taking to manage your condition and outlining how these can impact on your work will help your employer to develop their understanding so that, if productivity is ever affected, you can feel more comfortable discussing it openly with them.
Here are some top tips for opening the dialogue and sharing information about your health with your employer and/or colleagues:
If you’re struggling to do your job because of your health, the Equality Act 2010 says that your employer must make changes (reasonable adjustments) to your working conditions so that you can remain in, and do, your job.
When talking to your employer, consider asking if you can:
If your employer is unable to make the necessary changes to support you, you’ll be deemed to be unfit for work and this will be recorded in a new fit note.
Unfortunately, gaining confidence in sharing information about your condition and how it impacts you doesn’t always mean you’ll receive the support you need from your employer. Thankfully, there are a number of places you can go to find further support and advice if you need it.
If you feel you’re not getting the help and support your need from your employer, you can reach out to:
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