Adjustments

Reasonable adjustments must be made to the investigation process for disabled workers. Examples include allowing a disabled worker to be accompanied to the investigation meeting and to have advance notice of the allegations (RBS v Docherty UKEAT 0489/12/RN).

Reps can encourage members who are unwell, or who have a disability that impairs their ability to cope with the investigation, to organise a letter from their GP explaining their condition, any medication, how their ability to cope is impaired, and what steps could be taken to help them.

Sometimes the disciplinary process itself results in the worker becoming unwell, or even disabled. This happened in Hibbett v The Home Office & Others [2013] UKEAT 0138/13/2410. In this case the claimant developed depression. The EAT said it would have been a reasonable adjustment to delay the investigation until an occupational health report was available. Employers should be alerted to the possibility that hidden disabilities can sometimes be triggered by the formal investigation process, which is likely to be intensely stressful.