Invisible Disabilities – Do you know about them?

Invisible Disabilities

I recently spoke to a client who received a call from an employee where the employee disclosed having a disability. However, the client found themselves puzzled because the employee displayed exceptional job performance, and there were no visible signs of a disability, they said “Leah, they can’t have a disability, they’re one of my top performers!”

In our society, when we think of disabilities, we often visualise wheelchairs, crutches, or other visible signs of impairment. However, there’s a whole category of disabilities that often goes unnoticed or unrecognised – invisible disabilities. Such disabilities are afforded the same protection as visible disabilities and employers need to be aware of them.

Navigating disabilities in the workplace becomes even more intricate when it involves conditions that aren’t immediately apparent, or when employees themselves may not fully grasp or be aware of their own condition.

Employers have said to me in the past ‘well… I didn’t know’ however invisible disabilities create a particular risk for employers because even if an employer didn’t have actual knowledge of the disability, liability can still arise if there were clues or if the employer ought to have known.

Examples of invisible disabilities include:

  • Bipolar
  • PTSD
  • Autism
  • Diabetes
  • Asperger’s
  • Multiple Sclerosis
  • Epilepsy
  • HIV

While not a finite list, these are common examples of often misunderstood conditions and may be mislabelled or not diagnosed at all, especially when an employee is on the moderate or mild range of the spectrum.

Supporting Individuals with Invisible Disabilities:

Education and Awareness:

  • Educate the workforce about invisible disabilities.
  • Be attentive to potential signs of an invisible disability.
  • Conduct workshops to foster understanding.
  • Focus on the impact of the condition, rather than the medical diagnosis.

Inclusive Workplace and Disclosure:

  • Foster an environment that accommodates diverse needs.
  • Cultivate a culture of openness for employees to share their invisible disabilities.

Flexible Work Arrangements and Communication:

  • Offer flexible hours or remote work options for medical appointments and varying energy levels due to chronic conditions.
  • Encourage ongoing communication between managers and employees with invisible disabilities.
  • Regular check-ins help identify evolving needs.

Mental Health and Policy Review:

  • Provide programs and resources that support employees emotional well-being.
  • Regularly review workplace policies and make necessary adjustments to ensure they are disability inclusive.
  • Ensure fairness and impartiality is embedded in policies for hiring and promotions.

Supervisor and Manager Training:

  • Train team leaders and managers on how to recognise and support employees with invisible disabilities.

Remember, managing invisible disabilities in the workplace is not only a legal obligation but also a moral one. Embracing diversity and inclusivity not only benefits employees but can also lead to a more productive work environment.

If you need any support please get in touch.

Author – Leah Williams

If you have a question relating to Employment Law, whether you are an employee or an employer, we’d be more than happy to help. Please feel free to contact us by using the contact details below:

Email – info@mylawsolicitors.co.uk

Note: The guidance provided above is tailored to the specific scenario and is relevant based on the information available at the time this guidance was provided. It is important to note that individual circumstances may vary, and the advice given may not cover all potential factors or changes that could impact the situation. Before acting on any guidance in this blog, it is recommended to seek legal counsel or professional advice for a comprehensive assessment of your specific case.

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