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Use of advocacy for employees with a disability

Miriam

Has anyone encountered a request for advocacy for an employee with a cognitive disability?  The situation that has arisen is that an employee has a particular syndrome which makes higher executive functions more challenging and it can take time to understand issues like contractual changes.  Is it appropriate, with the employee’s consent, to involve the chosen advocate (family member) to support the employee by also. providing the documentation to them and allowing them to attend a consultation meeting?  

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  • Hi Miriam

    For a meeting for which the statutory right to bring a companion isn't involved, such as an informal or consultative one, the legal principle might well involve the employee's right and the employer's obligation to reasonable adjustments to be made in order to accommodate an employee with a protected characteristic eg disability involving learning /cognitive difficulties.

    Assuming the employee concerned is or might fall into the above category and an advocate is requested, then refusal by the employer to allow such a companion might well amount to unlawful discrimination under the Equality Act.

    That's the broad legalities, but, these aside, I can't see what's what's possibly wrong with the employer helping the employee and their family member as much as they can?

    Suppose there may be data protection etc aspects, but provided employer ascertains from the employee that they consent to involvement of an advocate, that's not necessarily any impediment at all.
  • in reply to David
    Many thanks for your view here - reassuring to have my common sense understanding affirmed.
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