Employers may wrongly assume that the changes in the person’s behaviour, productivity or performance are intentional or controllable. As a result, they may start a performance management process, and in some cases, even terminate the person’s employment.
However, Dementia is classified in England, Wales and Scotland as a disability in the Equality Act 2010, and in the Disability Discrimination Act 1995 in Northern Ireland.
This means a person with the diagnosis has a legal protection from discrimination at work.
To ensure the person’s rights are recognised, it’s advisable for them to talk to their employer soon after their diagnosis.
If they feel uncomfortable talking to their immediate manager, they can speak to the Human Resources Manager.
Some occupations legally require the person with dementia to disclose their diagnosis. These include:
- armed forces
- healthcare professions
- jobs that involve operating dangerous machinery
- jobs that involve driving
If a person believes they are being discriminated against because of their dementia, they should first talk to their employer or Human Resources Manager to try to resolve the issue informally, also putting their concerns in writing.
All employers should have a written complaints policy. If the issue cannot be resolved informally, the person should follow the steps in the policy to escalate their complaint.
It may help to use a mediator or advocate at this stage. The organisation Acas can help with this.