2. If you're in employment and become disabled
Your employer can’t discriminate against you because of your disability - you’re protected by the Equality Act 2010.
They must also keep your job open for you and can’t put pressure on you to resign just because you’ve become disabled.
Your employer must make ‘reasonable adjustments’ for you so that you’re not disadvantaged compared to non-disabled people.
This could include:
- a phased return to work – eg working flexible hours or part-time
- time off for medical treatment or counselling
- giving another employee tasks you can’t easily do
- providing practical aids and technical equipment for you
Time off from work
If you’re an employee and can’t work because of your disability, you may be able to get Statutory Sick Pay (SSP). Some employers have their own sick pay scheme instead.
If you still can’t work after 28 weeks, or you can’t get Statutory Sick Pay, you can apply for Employment and Support Allowance.
Time off from work should not be recorded as an ‘absence from work’ if you’re waiting for your employer to put reasonable adjustments in place.
Check your employment status if you’re not sure whether you’re an employee or not.
Dismissals and redundancy
Your employer can’t dismiss you just because you’ve become disabled.
You can be dismissed if your disability means you can’t do your job even with reasonable adjustments.
You can’t be selected for redundancy just because you’re disabled.