#LetsTalkMS. This year MS Awareness week will take place starting 18th April 2022. The purpose is to promote and to raise awareness about Multiple Sclerosis (MS). Employers should consider promoting MS Awareness through their own internal team meetings and/or memos/literature.
MS is a debilitating disease which affects the spinal cord and brain causing an imbalance in vision, body movement and balance. This condition is a disability.
The Equality Act 2010
The Equality Act 2010 defines disability as:
(1)A person (P) has a disability if—
(a)P has a physical or mental impairment, and
(b)the impairment has a substantial and long-term adverse effect on P's ability to conduct normal day-to-day activities.
MS is common amongst young people as well as in women (source: NHS).
It is important that we recognise and support MS sufferers.
For employers, it is crucial support is given to MS employees, not only for support and well-being (mental health) point of view but also from a legal obligation.
Duty of care
The employer has a duty of care to all its staff from a Health and Safety perspective which also includes making reasonable adjustments for disabled staff. Employers should seek GP/Occupational advice on how best to support employees with disabilities rather than to make their own assessment of what they can and cannot do.
There are also external support services such as Access to Work – which is a government funded scheme that can pay up to 100% for special equipment to help a disabled person to stay in work and to remain independent. Employers should be using such external resources as part of the employees’ reasonable adjustments.
It is important employers maintain sensitivity and to respect the employees wishes of confidentiality when addressing their MS condition.
If employers do not follow the correct process or supply reasonable adjustments, businesses could be liable for a potential employment tribunal claim.
Disability is one of the 9 protected characteristics noted in the Equality Act 2010. The current rate of unfair dismissal is £93,878 (from 6th April 22), however in a discrimination case such as disability, the amount of compensation is uncapped which could go beyond £93,878.
All staff should see dignity and respect for each other. No employee should receive less favourable treatment based on their disability as outlined in the Equality Act 2010.
Should you wish to discuss the contents of this article in more detail with an advisor, please contact the Quest advice line to assist you on 01455 852028.
