September marks World Alzheimer’s Month which aims to raise awareness and challenge stigma surrounding Alzheimer’s and dementia. 

In any workplace, the illness or incapacity of an employee or worker can pose any number of issues - for both the individual themselves and for the organisation. With conditions such as Alzheimer’s and dementia, where symptoms are generally mild to start with but worsen over time, these issues can be more complicated.

Alzheimer's disease is the most common cause of dementia in the UK. There are 944,000 people with dementia in the UK. This will increase to over one million by 2030 and over 1.6 million by 2050 with one in three people developing dementia in their lifetime. Coupled with an ageing workforce, most employers will have to consider how they deal with employees with dementia at some point.

Alzheimer’s as a Disability

Alzheimer’s is not deemed to be a ‘disability’ under the Equality Act 2010 and whether a person is or is not disabled will very much depend on individual circumstances and how that person is impacted at that moment in time. As the disease, symptoms and impact develop, it is possible that an individual will become disabled under the Act, so this is something that must be kept under review. Dementia however is likely to fall within the definition of disability discrimination under the Equality Act 2010, meaning an employer has a legal duty to make 'reasonable adjustments' for the employee.

In any event, it is a very common misconception that only disabled people have certain protections. Strictly speaking, this is true, but an organisation must still take steps to protect the health and safety of someone who is not disabled under the Act and must consider alternatives to dismissal before taking that final step. This will include considering adjusting their duties or offering an alternative role, which could be seen as making ‘reasonable adjustments’ under the Act.

What to do upon receiving a diagnosis

Following a diagnosis (or where Alzheimer’s is suspected), the starting point is to avoid making assumptions about what the individual can and cannot do, as well as what they are likely to be able to do (or not) in the future. It is important to understand the condition with appropriate medical input, which could be from a specialist involved with the individual’s care and treatment, or from an independent specialist appointed by the organisation. 

Guidance and support should be sought from the medical practitioner on the symptoms and how they are impacting the employee, as well as how they affect the work that the individual is employed to do. It will also be necessary to consider and explore how the symptoms may evolve over time and impact this will have on the work the individual can do in the future.

Once this specialist assistance has been obtained, the individual and the organisation can discuss - and hopefully agree - what they are able to do at work now, any changes that might be needed and support that should be provided. It is important to put in place a plan to review the situation and to ensure that any changes are effective; if not, it will be necessary to make adjustments and to consider (with medical assistance if needed) any changes that have occurred with the employee’s symptoms and abilities. This is a process that might well need to be repeated several times but ultimately should help the employee to contribute positively to the organisation.

The practical steps employers can take

There are many benefits that being an Alzheimer’s and dementia friendly employer can bring. This includes being able to retain staff with skills that can be passed on to colleagues, a culture that will attract higher quality applicants and establishing a reputation as an employer who cares.

There are several steps an employer can take to help support affected employees:

1. Recognising the fear of uncertainty - It is important to remember that some early signs are not always apparent, and an employee may not feel comfortable discussing any symptoms they may be experiencing or even want to acknowledge this as a coping strategy. This coupled with flexible and home working can make it even more difficult to identify an employee in need of support.
2. Develop trusting relationships with employees that build confidence so that an employee can feel comfortable in being able to have open and honest communication.
3. Ensuring managers are appropriately trained in being able to have difficult and sensitive conversations with employees.
4. Offering reasonable adjustments – this can include flexible or home working, amended duties or redeployment.

Areas of concern

In the majority of cases, it is possible to agree between the employee and the organisation on what is and is not possible, and in turn, introduce arrangements and reviews. There are situations, however, where one or both sides can be suspicious of the intentions of the other. which can even result in grievances, resignations, dismissals or legal claims. The best course of action to avoid such a situation is to seek early advice. Please talk to us about any concerns, whether you are an employee who has been diagnosed with an illness that has the potential to affect your work or an employer who is worried about a member of staff. 

To discuss any areas covered in this article, please contact Samantha Randall on 01245 453838 or email samantha.randall@birkettlong.co.uk.