DEFINITION OF DISABILITY:
Disability is defined as: ‘A physical or mental impairment which has a substantial and long-term adverse effect on a person's ability to carry out normal day-to-day activities.’
Disability is a condition or function that significantly impairs a person’s ability to perform certain tasks or interact with their environment. It can be physical, mental, sensory or cognitive.
Substantial - the effect of the physical or mental impairment on ability to carry out normal day-to-day activities is more than minor or trivial. It does not have to be a severe effect.
Long-term adverse effect - the effect must have lasted, or be likely to last, overall, for at least twelve months and the effect must be a detrimental one.
People who are diagnosed with cancer, HIV and multiple sclerosis are deemed to be disabled from the point of diagnosis rather than from the point when the condition has some adverse effect on their ability to carry out normal day-to-day activities.
Society’s recognition and accommodation of these differences are crucial for ensuring equal opportunities for everyone.
Medical model of disability views disability as a problem within the individual that needs treated or cured. It focuses on the physical or mental impairments and aims to "fix" or "correct the disabled person. This model often overlooks the societal and environmental barriers that can exacerbate the challenges faced by people with disabilities.
Social model of disability sees disability as a result of the interaction between individuals with impairments and societal barriers. Instead of focusing on "fixing" the person, it emphasises removing environmental and attitudinal barriers that restrict participation.
This approach highlights the importance of accessibility, inclusion, and changing societal attitudes towards disability. It's about creating a world where everyone, regardless of their abilities, can thrive.
REASONABLE ADJUSTMENTS:
What is a workplace reasonable adjustment?
A reasonable adjustment is a change to the work environment or to a workplace policy, criteria or practice that aims to remove or minimise disadvantages experienced by disabled employees and job applicants.
What does the law say?
The Equality Act 2010 (and the Disability Discrimination Act 1995 in Northern Ireland) gives disabled workers the right to reasonable adjustments where they experience substantial disadvantage. Employers have a duty to provide reasonable adjustments where they know or should have known the employee was disabled.
Who is entitled to reasonable adjustments?
Only disabled people are entitled to reasonable adjustments. A disabled person is defined in law as someone with a physical or mental impairment which has lasted, or is likely to last, 12 months or more and which has a substantial adverse effect on their ability to carry out normal day to day activities.
To be entitled to reasonable adjustments the disabled worker must also be disadvantaged in the workplace due to their disability in a way that is more than minor or trivial.
What are examples of reasonable adjustments?
- Doing things another way, such as allowing someone with social anxiety disorder to have their own desk instead of hot-desking
- Making physical changes, such as installing a ramp for a wheelchair user or an audio-visual fire alarm for a deaf person
- Letting a disabled person work somewhere else, such as on the ground floor for a wheelchair user
- Changing their equipment, such as providing a special keyboard if they have arthritis
- Allowing employees who become disabled to make a phased return to work, for example working flexible hours or part-time
Every disabled worker will face different barriers and what is ‘reasonable’ will need to consider an individual’s circumstances and the size and resources of the employer.
REASONABLE ADJUSTMENTS:
A disability passport is a personalized document that provides a comprehensive overview of an employee’s disability, its impact on their work, and the accommodations and support they may require.
It serves as a bridge of communication between employees with disabilities, HR departments, and their colleagues.
It ensures that any necessary reasonable adjustments are up-to-date, appropriate, practical, correct and are consistently applied, even if the employee changes roles or their line manager changes.
The passport typically includes information about:
- How the disability affects the employee at work
- Reasonable adjustments that have been agreed upon with the employer
- Any future adjustments the employee might need
This document helps ensure that the necessary adjustments are made and maintained, even if the employee's manager or role changes. It's a useful tool for promoting inclusivity and supporting employees with disabilities in the workplace.
REASONABLE ADJUSTMENTS:
Access to Work (NI) is a program in Northern Ireland designed to help people with disabilities overcome practical problems in the workplace. It provides advice and support tailored to individual needs, helping employees with disabilities to either start or stay I work.
The program can assist with:
- Communication support for deaf or hard-of-hearing employees
- Special aids and equipment to suit specific work needs
- Adaptations to premises and equipment to accommodate disabilities
- Support for travel to and from work if public transport isn't accessible
- Additional costs for employers, such as disability awareness training
For more information or to apply, you can contact the Department for Communities in Northern Ireland.
HealthandWorkSupportCo-ordination@communities-ni.gov.uk
LINKS TO ORGANISATIONS PROVIDING SUPPORT:
Access to Work NI Advice and Guidance can be found at:
Access to Work - practical help at work | nidirect
RNID in Northern Ireland - RNID
Email: contact@rnid.org.uk
Tel: 08088080123
Versus Arthritis
Unit 4 The Mccune Building 1 Shore Road, Belfast BT15 3PG
028 9078 2940 or email northernireland@versusarthritis.org
Angel Eyes NI
Innovation Factory
Forthriver Business Park
385 Springfield Road
Belfast BT12 7DG
Tel: 02895902835
Email: info@angeleyesni.org
Autism NI
Unit 3, Forestgrove Business Park, Newtownbreda Road, Belfast, BT8 6AW
Tel: 028 9040 1729
Email: infor@autismni.org
British Deaf Association
The NICVA Building,
61 Duncairn Gardens,
Belfast
BT15 2GB
- Alice Johnston - Access & Inclusion (Advocacy) Officer
Covering Belfast Southern and South Eastern area
alice.johnston@bda.org.uk - Susan Campbell - Access & Inclusion (Advocacy) Officer
Covering Northern area
susan.campbell@bda.org.uk - Naomi Fujitani - Access & Inclusion (Advocacy) Officer
Covering Western area
naomi.fujitani@bda.org.uk
British Epilepsy Association
02890 184 015
Knockbracken Healthcare Park Saintfield Rd BT8 8
Carers Northern Ireland
58 Howard Street Belfast BT1 6PJ
Tel: 028 9043 9843
Email: advice@carersni.org
Disability Action
Head Office - Belfast
Portside Business Park
189 Airport Road West
Belfast
BT3 9ED
Telephone: 028 9029 7880
Email: hq@disabilityaction.org
Derry/Londonderry
Gortfoyle House
104 Spencer Road
Derry/Londonderry
BT47 6AG
Telephone: 028 7136 0811
Email: derry@disabilityaction.org
Dungannon
11 Georges Street
Dungannon
BT70 1BP
Telephone: 028 8775 2372
Email: dungannon@disabilityaction.org
Carrickfergus
6 West Street
Carrickfergus
BT38 7AR
Telephone: 028 9336 9367
Email: elizabethbrisbane@disabilityaction.org
Down's Syndrome Association
Unit 2, Marlborough House 348 Lisburn Road Belfast BT9 6GH
Contact Details:
Clare Howie: clare.howie@downs-syndrome.org.uk
Tel: 028 90 665 260
http://www.downs-syndrome.org.uk/about-us/northern-ireland/
Epilepsy Action Northern Ireland
Tel: 02890 184 015.
Employers for Disability NI
Banbridge Enterprise Centre
Scarva Road Industrial Estate
Banbridge
BT32 3QD
Tel: (028) 4062 4526
Mob: 07811267688
Inspire
Lombard House 10-20 Lombard Street Belfast, BT1 1BH
Tel: 028 9032 8474
Leonard Cheshire
10-12 Derryvolgie Avenue Belfast, BT9 6FL
Email: northernirelandoffice@leonardcheshire.org
Mencap offices in Northern Ireland
There are several Mencap offices across Northern Ireland.
Belfast
Mencap Centre
5 School Road
Newtownbreda
Belfast
BT8 6BT
Phone: 028 9069 1351
Omagh
Omagh Community House
2 Drumragh Avenue
Omagh
BT78 1DP
Phone: 028 8225 9249
Newry
Ballybot House
22 Corn Market
Newry
BT35 8BG
Phone: 0283 026 7077 or 07827 331027.
Derry/Londonderry
17019 Bishop Street
Derry/Londonderry
BT48 6PR
Phone: 028 7126 2227
MS Society Northern Ireland
The Resource Centre, 34 Annadale Avenue, Belfast, BT7 3JJ
Tel: 02890 802 802
Email: nireception@mssociety.org.uk
NI Dyslexia Centre
17a Upper Newtownards Road BELFAST BT4 3HT
Tel: 07498844777
Email: info@nidyslexiacentre.co.uk
North West Forum of People with Disabilities
58 Strand Road Derry, BT48 7AJ
Tel: 07802852152
Email: info@nwdisabilityforum.org
Sense Northern Ireland
Unit 3 – 6 CEAL, 8 Meadowbank Road
Carrickfergus
County Antrim
Northern Ireland
BT38 8YF
Tel: 028 9335 5665
Sense NI - Newtownabbey
The Manor House,
51 Mallusk Road
Newtownabbey,
County Antrim
Northern Ireland
BT36 4RU
Tel: 028 9083 3430
Sense Nursery
85 Jordanstown Road,
Newtownabbey,
Country Antrim,
Northern Ireland
BT37 0QE
Tel: 028 90852031
RNIB
EA DISABILITY EMPLOYMENT SUPPORT SERVICE:
The EA Disability Employment Support Service (DESS) is a dedicated service within the Equality & Human Rights Unit of the Education Authority (EA) in Northern Ireland.
DESS provides support and guidance to disabled staff and their line managers. The service aims to help disabled employees in EA Corporate Services, schools, and EA Resourcing to thrive in their roles.
DESS offers support for a range of disabilities and long term conditions, including physical disabilities, learning disabilities, developmental conditions, learning difficulties or differences like ADHD or dyslexia, an illness such as diabetes or epilepsy, mental health conditions as well as a temporary condition, like a broken leg.
DESS can help by providing specialised equipment, communication support, and changes to how roles are carried out.
If you're interested in accessing the service, you can make a request for support through an online form, and DESS will work with you to implement reasonable adjustments.
APPLICATION FOR DISABILITY EMPLOYMENT SUPPORT SERVICE (DESS)
THE LEGAL POSITION -THE RELEVANT LEGISLATION/EMPLOYEE RIGHTS – LRA/EQUALITY COMMISSION
In Northern Ireland, the legal framework for disability employment rights is primarily governed by the Disability Discrimination Act 1995 (DDA), as amended.
Legal Protections:
- Unlawful Discrimination: It is unlawful for employers to discriminate against jobseekers or employees with disabilities. This includes all aspects of employment, from recruitment to dismissal.
- Reasonable Adjustments: Employers have a duty to make reasonable adjustments to ensure that employees with disabilities are not disadvantaged compared to their colleagues. This could include changes to the work environment, flexible working hours, or providing specialized equipment.
- Harassment: Disability-related harassment, such as bullying or offensive behaviour related to a person's disability, is also prohibited.
Employee Rights:
• Recruitment and Selection: Employers must ensure that their recruitment and selection processes are accessible to people with disabilities.
• Terms and Conditions: Employees with disabilities have the right to the same terms and conditions of employment as other employees, including pay and benefits.
• Promotion and Training: Employees with disabilities should have equal opportunities for promotion, transfer, and training.
• Dismissal and Redundancy: The law also protects employees with disabilities from unfair dismissal or redundancy.
Reasonable Adjustments:
Examples of reasonable adjustments include:
- Allocating some work to another employee
- Transferring to a different post or workplace
- Adjusting the physical environment
- Being flexible with working hours
Main amending/supplementary laws:
- Disability Discrimination (Meaning of Disability) Regulations (NI) 1996
- Disability Discrimination Act 1995 (Amendment) Regulations (NI) 2004
- Disability Discrimination (NI) Order 2006
Other amending/supplementary laws:
- Disability Discrimination (Employment Field) (Leasehold Premises) Regulations (NI) 2004
- Autism Act (NI) 2011
European Union law:
- Directive 2000/78/EC - equal treatment in employment on grounds of religion and belief, disability, sexual orientation, age
Tribunal Rules:
Conciliation Rules – Employment - Dispute resolution: