Hello List
I have been abroad for a few days so hope my comments do not repeat any other postings..
A link below on the "Business Link " website (government website)
Exemptions/exclusions from the EA2010
Conditions that are not considered to be an impairment for the purposes of the Equality Act 2010 include:
- addiction to alcohol, cigarettes or other drugs - unless they result from drugs that have been prescribed by a doctor, or other medical treatment
- seasonal allergic rhinitis (including hay fever)
- a tendency to start fires
- a tendency to steal
- a tendency to physically or sexually abuse other people
- exhibitionism
- voyeurism
Whether it is his epilepsy that is causing his removal of clothes(could this be considered exhibitionism?) or physically aggressive behaviour , abusive to other people... I think a case might be made for his behaviour to be a condition not considered to be an impairment.
But even if it was an impairment. the requirement is for the employer to consider "reasonable adjustments". I think a good employment lawyer would not have difficulty in defending an employer who decides they cannot accommodate this behaviour because of the detrimental effect on other employees. In fact if I were an employee who got pinned against a wall I might be tempted to sue the employee for negligence, as they are clearly aware of the offending behaviour and are permitting it to continue...
But that is just my opinion...
I agree with the others who suggest getting info from the persons medical advisors (with consent)and I would go further and tell the medical advisors about the behaviour as they may not be aware, and it may be that a review of medication is required.
Agree also that the Parents' opinion is not particularly relevant.
Perhaps Access to work could provied a support worker?
Cheers
Diane
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