Learning Disability Week: how to support employees and candidates with learning disabilities

This year, 16-22 June marks Learning Disability Week. This year’s theme is “Do you see me?”, which is all about people with a learning disability being seen, heard and valued.

People with learning disabilities can be fit to work and just as productive and effective as anyone else. However, they may find it harder than others to learn, understand and communicate, and may require some support with learning or understanding tasks.

According to statistics released by Mencap, 5.1% of adults with a learning disability known to their local authority in England are in paid work. Many people with a learning disability want to work, but they must be given the right support to do this. Organisations need to remove barriers to work, promote positive employer attitudes towards people with a learning disability and make sure health and wellbeing is at the heart of their structure.

What is a learning disability?

It is not always known what causes a person to have a learning disability as it can occur when the brain is still developing (before, during or soon after birth) or in early childhood. Some may get a diagnosis when they are very young, but for others, they may not get a diagnosis until later in adulthood.

People with a learning disability tend to take longer to learn and may need support in developing new skills, understanding information or interacting with people.

There are three different types of learning disability:

• Mild – able to cope with most everyday tasks, however, may need support in more complicated areas of life (e.g. filling out complex forms or managing finances);
• Moderate – needs more day-to-day support (e.g. could include help with mobility or personal care); and
• Profound or Multiple – will need support with all aspects of life throughout the day (including health and social care, support with personal care, mobility and communicating with others).

What does the law say?

The Equality Act 2010 (“the EqA 2010”) protects people from being discriminated against, both at work and in wider society.

Under section 6 of the EqA 2010, a person has a disability if they have a physical or mental impairment, and the impairment has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities.

In this context, “substantial” means “more than minor or trivial” and “long term” means the effect of the impairment must:

• have lasted for 12+ months; or
• be likely to last for 12+ months; or
• be likely to last for the rest of the individual’s life.

Under the EqA 2010, it is unlawful for an employer to:

1. discriminate directly by treating an employee or job applicant less favourably than others because of their disability;
2. discriminate by treating an employee or job applicant unfavourably because of something arising in consequence of disability (without objective justification);
3. discriminate indirectly by applying a provision, criterion or practice that disadvantages an employee or job applicant with a shared disability (without objective justification);
4. fail to comply with its duty to make reasonable adjustments where a disabled employee or job applicant is placed at a substantial disadvantage;
5. subject an employee or job applicant to harassment related to disability; or
6. victimise an employee or job applicant because they have made or intend to make a disability discrimination complaint under the EqA 2010, or because they have done or intend to do other things in connection with the Act.

It is important to note that these recommendations don’t necessarily just benefit employees with learning disabilities, but all employees within an organisation that may have a disability. Often adjustments and support are simple and cost effective to implement, but the difference it can make in helping someone feel more comfortable in the workplace (in turn, improving retention) can be invaluable.