Everyone copes with a bereavement in their own way, which also means it affects everyone differently. In many cases, grief can be so debilitating for someone that it has long term effects on their day-to-day activities. In which case, the Equality Act may be able to protect such employees if the long-term effects have caused a significant change in them as to amount to a disability.
In the Equality Act, a disability is defined as having a substantial and adverse effect on an individual’s ability to carry out ‘normal day-to-day activities’, and whether this is likely to be a long-term effect. This can relate to grief in the exact same way. Has the employee been substantially and adversely affected by the bereavement in a way that has affected their day-to-day activities? Is it likely to be a long-term effect on the employee? If so, then they will be protected under the Equality Act 2010 and will amount to having a disability as a direct result of the bereavement.
Cases which have reached the employment tribunal regarding grief and whether it amounts to a disability have considered the above questions when making their decision. It has been found that in some cases there is not enough substantial evidence to prove a bereavement has had or will have a long-term effect on an employee. It has been said that in many cases it is an acute reaction which is unlikely to be ongoing.
Many employees will be recognised as having a disability due to the bereavement bringing on depression or other long term mental health problems. Depression can manifest itself in a lot of ways and can be extremely debilitating for those who suffer from it, causing someone to significantly change as a person. This would amount to a disability as it would alter someone’s ability to undertake their day-to-day activities as they normally would, and this would go even further to their employment capacity.
It is important for employers to be incredibly flexible and supportive to all employees who are dealing with grief, especially now as it is a lot more common and sensitive.