for employers
Before 5th December 2005 people with multiple sclerosis (MS), cancer and HIV were only covered by the Disability Discrimination Act (DDA) if they had "a physical impairment that had a long term effect on the persons' ability to carry out day-to-day tasks". The DDA now covers all people with these conditions from the point of diagnosis.
Obligations for employers
An employer must not treat a person less favourably or directly discriminate against a person because of their current or past disability, this includes having a long-term condition such as MS, HIV and cancer. An employer is required to make reasonable adjustments to ensure individuals are not substantially disadvantaged, see later for more details. The law also protects any person who is victimised for supporting a disability discrimination case.
Do employers have a right to know about a person's condition?
A person is not currently required to tell their employer about their disability or condition unless there are specific health and safety risks. However it is recognised that adjustments are not possible unless an employer has been told about the disability. An employer should aim to be positive about disability so people feel more comfortable disclosing a health condition or impairment.
If an employee informs their employer of their disability or condition, the employer should discuss with that individual who they feel it is neccessary to inform on a strictly need-to-know basis. An employee has the right to expect that strict confidentiality is observed.
What adjustments do employers have to make?
The law requires employers to make adjustments that are reasonable. What is 'reasonable' depends mainly on the resources available to the organisation. More detail is available on the Department of Work and Pensions website.
There is no definitive list of adjustments for people with HIV, MS and cancer; individuals can experience a wide range of symptoms and difficulties. It is best to try to make a workplace as accessible as is possible in general terms and respond to individual need when it has been disclosed.
What help is available to employers who wish to make adjustments?
The local Job Centre can advise employers on the Government's 'Access to Work' scheme that may be able to help. Workplace assessments to determine possible adjustments, are also available. Employers and employees should contact the Disability Employment Adviser (DEA) at the local Job Centre.
Useful links
- Information on employment by the Disability Rights Commission (DRC)
- HIV and the workplace resouces from the National AIDS Trust (NAT)
- Information on the Access to Work scheme from the Job Centre
- Employers Forum on Disability
- National Register of Access Consultants
- The Centre for Accessible Environments (CAE)
Please note: The information on this site is not intended to be an alternative to seeking professional help and advice. The information contained herein is for educational use only.
