Prior to appointment/interview process

• An applicant does not have to mention that they have a disability on their application form

• Should an applicant indicate that they wish to benefit from a guaranteed interview due to a disability (when such a facility is offered), the applicant should be contacted to be asked whether they will require any adjustment or special arrangements for their interview. No question should be asked concerning the nature of the disability.

• If an applicant chooses to disclose information about a disability, it may help to know information about that disability prior to the interview. There are specialist organisations for many medical conditions and long-term health conditions which can give useful information on their websites.

If an employee has a disability

• Arrange a one-to-one meeting to discuss what reasonable adjustments, if any, may be required to enable the employee to perform their role; with an agreed tailored plan to be put in place. Thereafter, have regular meetings to check with the employee that the reasonable adjustments are working and still relevant, how they are coping with their workload, and to plan for any forthcoming challenges and what support might be needed.

• Ensure that any meeting is at a time and location that is convenient for the employee and manager.

• Do not make assumptions about the effect of an impairment. The employee is the person who knows best the effect of their condition on them.

• Always ask questions sensitively. Explain why the law requires a negative approach i.e. the focus is on the impairment and the detriment experienced, rather than what the employee can do.

• Be aware that many employees may ‘play down’ the effects of their disability. Do not rely on employees to provide lots of examples. Make gentle suggestions. The employee may only give examples of their inability to do their job or a favourite hobby. It is essential to find out what ‘daily’ activities they struggle to do or cannot do.

• Do not simply ask what the employee is unable to do. Ask them if there is anything that is painful or tiring to do.

• Seek support from local authority health and safety team.

If it appears that an employee may have developed a disability

• Where the employee does not identify themselves as having a disability, raise the possibility of them falling within the Equality Act with sensitivity. Explain the broad coverage of the Act. Point out gently a referral to occupational health could be to their benefit.

• If seeking medical/occupational health reports, ask precise questions of the medical experts linked to job requirements and potential reasonable adjustments.

Should an employee with a disability need to go down Work Performance or Capability

• When writing a witness statement for a Capability or other procedure, if disability needs to be proved, give as many examples as possible, especially (but not exclusively) those which reflect the examples in the Code of Practice within local authority procedures.

• Fairness requires that the employee does not give a misleading impression within the Capability Procedure by the way they conduct themselves at the hearing. For example, if they have taken painkillers in order to be able to sit still for long periods, ensure the employee explains this during their evidence.

Further advice

• For further guidance, please contact the SSTA on info@ssta.org.uk or 0131 313 7300

• Ensure employee contact their professional organisation.

• ACAS has produced some useful practical information on managing staff with mental ill health which can be found on their website: https://www.acas.org.uk/supporting-mental-health-workplace