Managing disability or ill health

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Retention of disabled employees
 
An employer must not discriminate against an employee who becomes disabled, or who has a disability which worsens. Employers will often find that it is of benefit to their organisation to retain a disabled employee as this will prevent their knowledge and skills from being lost to the enterprise. In addition, the cost of retaining such an employee will frequently be less than the cost of recruiting and training a new member of staff.
 
If as a result of the disability an employer’s arrangements or a physical feature of the employer’s premises place the employee at a substantial disadvantage in doing his existing job, the employer must consider any reasonable adjustment that would resolve the difficulty. The nature of the adjustments which an employer may have to consider will depend on the circumstances of the case, but the following considerations will always be relevant:
 
· The first consideration in making reasonable adjustments should be to enable the disabled employee to continue in his present job if at all possible.
· The employer should consult the disabled person at appropriate stages about what his needs are and, where the employee has a progressive condition, what effect the disability might have on future employment, so that reasonable adjustments may be planned.
· In appropriate cases, the employer should also consider seeking expert advice on the extent of a disabled person’s capabilities and on what might be done to change premises or working arrangements. Where an employee has been off work, a phased return might be appropriate.
· If there are no reasonable adjustments which would enable the disabled employee to continuein his present job, the employer must consider whether there are suitable alternative positions to which he could be redeployed.

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