Handling Attendance, Capability and Performance with Individuals who have Disabilities

In today’s workplace, fostering a diverse, inclusive environment is not just a legal requirement, but also a key driver of business success. As organisations strive to support employees with disabilities, it’s important to recognise that having a disability does not mean exempting individuals from basic expectations such as attendance and performance.

What is a disability?

A disability is defined as “having a physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on the ability to do normal daily activities”

What does this mean for Employers?

A health condition, depending on the severity, could potentially be recognised as a disability under the Equality Act 2010. Employers are legally obliged to consider all/any reasonable adjustments that may be necessary to assist an individual to perform their role and implement where it is feasible. Reasonable adjustments are changes that an employer makes to remove or reduce a disadvantage related to someone’s disability. For example:

• finding a different way to do something
• making changes to the workplace
• changing someone’s working arrangements
• providing equipment, services or support

If an individual with a disability is unable to meet the core requirements of their job, even with reasonable adjustments, capability, performance and/or attendance management may be necessary to ensure business continuity. Performance and attendance issues that are not addressed can have a negative impact on team morale, productivity, and overall business outcomes.

Any decisions made in this regard must be carefully documented and based on objective criteria to avoid potential claims for disability discrimination at an Employment Tribunal where compensation is uncapped. This means that there is no limit to the amount of compensation an individual can receive if they win their case.

Clear Communication and Collaboration

To avoid misunderstandings, employers should communicate expectations clearly and work collaboratively with individuals. Transparent, respectful dialogue helps ensure that both parties are on the same page about performance and attendance expectations, as well as any adjustments that may be needed.

For example, if an individual requires time off for medical treatments, a discussion about how to best manage workloads during their absence can ensure minimal disruption. Similarly, if an employee is struggling with a specific task due to a disability, performance goals can be adjusted to reflect realistic expectations, provided that the individual can still meet the essential functions of the job.

Conclusion

Individuals with disabilities are entitled to fair treatment, and support in the workplace, but they are not exempt from basic standards of performance and attendance. Performance management and attendance policies must remain consistent, equitable, and inclusive, ensuring that both the needs of the individual and the requirements of the organisation are met.