Checklists for dealing with dementia and avoiding discrimination claims
According to a survey of over 800 HR professionals by the Centre of Economics and Business Research last year, 10 per cent businesses employ someone with dementia. With the number of people with dementia expected to increase to 1 million by 2025, understanding this condition should be a priority for progressive employers.
The Alzheimer’s Society maintains that dementia should no longer be seen as an ‘old person’s disease’ and that of the 850,000 people in the UK living with dementia, more than 40,000 are under the age of 65. The society also says that 18 per cent of people diagnosed under the age of 65 continue to work after their diagnosis. It has recently produced employer guidance on creating a dementia-friendly workplace.
In many cases, dementia will be considered a disability under the Equality Act 2010 because it has a ‘physical or mental impairment that has substantial and long term adverse effects on an employee’s ability to carry out normal day to day activities’. Employers should be aware of their obligations to make reasonable adjustments where any of their staff give any indication that they are living with this condition.
Diagnosis of dementia is often difficult as its symptoms bear similarities to stress and depression, but employers should be on the lookout for the following signs in employees:
- memory loss
- difficulty in planning
- communication problems
- confusion over times and places
- issues with visual perception
- mood changes.
The Equality Act 2010 imposes an obligation on employers to make reasonable adjustments to their work practices or workplaces in order to avoid any substantial disadvantage that disabled employees might otherwise be caused as a consequence of their disability. The adjustments are intended to level the playing field and remove potential barriers to work often experienced by those with disabilities.
Employers need to take positive action when they are aware (or ought reasonably to be aware, known as ‘constructive knowledge’ in law) of the condition. For dementia, an employer may be considered to have constructive knowledge of the condition where an employee with a previously good track record is identified as having unexpected performance issues, particularly where those issues arise from time keeping, project planning or delivering work in line with set objectives. In such cases, or where employees tell the employer of their condition, the duty to make adjustments will be triggered.
As with all disabilities, what adjustments might be required will vary for each individual but it is likely that some or all of the following should be considered:
- changing hours or duties to take account of the scheduling of medication or periods of the day when the condition tends to be at its worst
- following up verbal instructions in writing
- arranging regular feedback meetings
- providing clear labelling systems
- extending deadlines for the completion of tasks
- modifying procedures, particularly where training is being delivered.
Employers should seek guidance on the particular needs of their employee from relevant experts including the employee’s physician, occupational health professionals and the Alzheimer’s Society. Organisations can apply for grants to pay for, or subsidise, any costs incurred in making adjustments through the government’s Access to Work scheme. The continued roll out of the Fit for Work scheme will also help employers that do not have their own occupational health provider.
The cost to an employer who falls foul of discrimination legislation can be significant - the average employment tribunal award for disability cases is around £14,500. The non-financial costs cannot be ignored either. Leaving aside the inevitable cost of management time lost dealing with an internal complaint and any subsequent claim, the reputational damage arising from being labelled as a discriminating employer could have a significant impact on profits and the ability to attract and retain the best talent.
Employers should:
- review any adjustments regularly, particularly where employees have time off, change job or their condition deteriorates
- be able to demonstrate a genuine understanding of conditions such as dementia
- follow good practice so they can prevent complaints and demonstrate to a tribunal that the business is aware of its obligations as an equal opportunities employer.
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