Physical or mental impairment

Reps should be aware that some disabilities, especially mental health conditions, may be less obvious to employers than others. In these cases, it will be even more important to ensure that the employer is aware of the disability, so that any reasonable adjustments can be accommodated where possible. If a worker does not inform their employer about their disability (which was not reasonably apparent at the time), they run the risk of discrimination. This type of claim is likely to fail as the employer can argue that they were not aware of the disability. Reps can support members when deciding how best to disclose this crucial information and should ensure that documentary evidence is kept of the disclosure.