Don’t discriminate against dementia

As an employment lawyer, I often find myself talking about ‘having conversations’ – whether a difficult conversation with an employee or an employer, or opening up conversations in the workplace about subjects such as mental health, discrimination and diversity and inclusion.

Laura Fitzpatrick is a Solicitor with Burness Paull

Alzheimer Scotland recently ran its annual Dementia Awareness Week, and one of the tag lines was “Let’s talk about dementia”. For me, this struck a chord, on a personal and professional level.

Over the last five years, I’ve watched my gran suffer from dementia and have found it quite a difficult topic of conversation to engage in. Perhaps this apprehension to talk (which, for anyone who knows me, is rare) stems from a reluctance to accept or ask questions. How long is she going to remember us for? Is today going to be a ‘good day’? Is this going to happen to me and/or other people in our family? Will they ever find a cure?

With around 850,000 people in the UK living with dementia, and this figure expected to rise to two million by 2025, I’m just one of many considering these types of questions. We really do need to talk about dementia, in our households and workplaces.

Pensioners are working past retiremant age. PHOTO POSED BY MODELS. Photo : Walter Neilson

There are two obvious strands to dementia at work: those living with dementia, and those caring for a loved one with dementia.

Many individuals in the UK living with dementia continue to work, particularly in instances where there has been an early onset. It is estimated there are around 40,000 people in the UK diagnosed with “working age” dementia, and approximately 17 per cent have continued to work after diagnosis. This figure only takes into account people formally diagnosed, not individuals who may be living with the disease but have not been diagnosed.

The Equality Act 2010 (EQA) provides that a condition is a disability if it is a physical or mental impairment that has a “substantial” and “long-term” negative effect on a person’s ability to carry out normal daily activities. Many individuals diagnosed with dementia will meet that definition. Employers have a legal obligation not to discriminate against them and to put in place reasonable adjustments to help level the playing field for them in the workplace where possible.

A touching example hit the headlines last year when a son tweeted his thanks to Sainsbury’s for keeping his mum in employment after being diagnosed with Alzheimer’s. Sainsbury’s had continued to adapt his mum’s role (even in the advanced stages), gave her regular retraining, changed her hours and essentially allowed her to carry on in a job she loved with a sense of purpose for as long as she was able.

As well as protecting employees with dementia, the EQA also protects employees caring for an elderly or disabled relative from being discriminated against or harassed at work. Employees in the UK who have worked for their employer for a period of at least six months have a statutory right to request flexible working arrangements, which can be a helpful way for employees to balance work with their role as a carer. This might include working from home, compressed or varied hours.

During one of Burness Paull’s recent BeValued sessions, Age Scotland shared details of its Dementia Awareness Workshop, which aims to help employees communicate effectively with someone with early stage dementia, and to understand the symptoms and risk factors of the illness. Proactive steps like this, coupled with initiatives like our BeValued support network, internal counselling and fundraising are a good place to start.

Employers who want to take proactive steps could consider creating bespoke policies for workers affected by dementia and other long-term illnesses. Rather than relying solely on the statutory regime, employers might consider enhancements such as periods of paid leave and informal flexible working requests. For someone trying to juggle caring responsibilities and work, these changes could make a massive difference.

I mentioned earlier that one question I often ask myself is whether today is going to be a “good day”. This is a term I would struggle to explain, but one which we’ve come to use in our family describing a visit to my gran’s care home. For me, sometimes a “good day” means a visit full of chat, but it could mean just a general feeling of calm or contentment.

Taking this phrase outside the realms of my household, I see a “good day” as being a day when employees can talk freely and honestly about dementia, and where employers are well-equipped and confident about dealing with the illness in their workplace.

It’s time to talk.

Laura Fitzpatrick is a Solicitor with Burness Paull