Working with a disability

Q. A colleague was diagnosed with multiple sclerosis a few months ago. They work full-time, but their energy levels have been dropping and they now find working on into the afternoon very difficult. They are thinking of asking to switch to working part-time on mornings only. What should we advise?

A. As someone with multiple sclerosis, your colleague is entitled to the protection of the Disability Discrimination Act 1995 (as updated). In practical terms this means that the employer has a duty to make reasonable adjustments to enable them to carry on working for the organisation. This can include reducing their hours.

Depending on factors, such as the ability of the organisation to cost-effectively reallocate some of the individual’s duties, the employer may agree or refuse the change in hours.

In order to limit the chance of the employer feeling it can lawfully decline the request, the employee will be well-advised to seek medical support for her proposal, such as a letter from their doctor.

If the employer does decline to reduce your colleague’s hours, they may have a claim for disability discrimination.

Until the Equality Bill becomes law, (aside from whether the duty to make reasonable adjustments has been complied with) the employer need only show that a non-disabled colleagues would have been treated as unfavourably.

Your colleague could also, if the situation is drastic and the threat to their health sufficiently severe, resign and claim constructive unfair dismissal.