Dementia Action Week this year runs from 18-24 May, helping to raise awareness of the condition and encouraging action from and on behalf of those suffering.
Statistics from Alzheimer’s Research UK estimate there are more than 982,000 people in the UK who have dementia. Of those suffering from dementia in the UK, 70,800 people developed symptoms before the age of 65 (young onset dementia), according to Dementia UK – which shows this is a condition that impacts the working population, with many of those diagnosed continuing to work.
With ‘retirement’ no longer being a potentially fair reason for dismissal since 2010, there is an increasingly older workforce in the UK – which means an increased possibility of dementia directly impacting employees more than may have been the case previously. However, it may not always be apparent that someone is suffering with the condition, particularly when it is at an early stage.
Below are some typical early symptoms of dementia to be aware of:
- memory loss;
- difficulty concentrating;
- finding it hard to carry out familiar daily tasks;
- struggling to follow a conversation or find the right word;
- being confused about time and place;
- mood changes.
However, those who develop young onset dementia may experience different symptoms which include stress, tiredness and behavioural changes. It’s important that employers don’t make any assumptions about the reasons for any changes to an employee’s behaviour and instead take time to understand the issues that an employee is facing so they can support them as effectively as possible.
The Equality Act 2010 provides protection for employees against discrimination on the grounds of disability, and dementia will almost always satisfy the definition of disability. Any employee with dementia who is treated less favourably in the workplace because of their condition will be able to make a claim in the Employment Tribunal.
If an employee’s dementia places them at a disadvantage in the workplace, then there is a duty on their employer to make reasonable adjustments. This may mean, for instance, that the employer will need to look to potentially adjust the employee’s role and responsibilities, provide support equipment, consider altering hours/ days of work, or look for other roles that may be more suitable for the individual’s circumstances. It is important to remember that employees have the right from ‘day one’ of their employment to request flexible working.
It is also important to note that it is not only employees who are suffering from dementia themselves who have protection. Under the Carer’s Leave Act 2023 and the Carer's Leave Regulations 2024 which are now in force, employees who provide or arrange care for a dependant with a long-term care need, such as dementia, now have the right to request up to one week of unpaid carer’s leave from work in any 12-month period, which can be taken all at once or split over time. This is also a ‘day-one’ right of the employee. An employer can only seek to postpone a request, not refuse it.
In addition, employees who act as primary carers for a close relative with dementia could also be protected under the “discrimination by association” provisions of the Equality Act 2010. This could arise, for instance, if an employee in that situation made a flexible working request to change their working pattern to help them more easily manage their caring responsibilities for a relative with dementia. If the employer rejected the request without being able to objectively justify the decision to reject it, the employee concerned could potentially claim that even though they are not themselves disabled, they have suffered less favourable treatment by reason of their close association with a disabled person.
That is not to say that every such claim of this nature would be successful. However, the Employment Rights Act 2025 seeks to improve flexibility and security for employees by strengthening the existing ‘day-one’ right to request flexible working, by requiring employers to explain the grounds on which they’ve denied a request and adding the requirement that a rejection of a request will need to be reasonable. This change is due to come into effect some time in 2027 (yet to be confirmed) but when it is in place, employers will need to ensure that flexible working requests by employees in this situation are carefully considered in accordance with the statutory flexible working process. Any refusal of these requests should be carefully thought through, be justifiable and include considered reasons for a refusal based on genuine business reasons, ideally backed up with evidence.
If you believe any of your employees are regularly displaying any of the symptoms listed in this article or if you suspect someone you work with may be suffering from dementia, you should speak in confidence to your company’s HR advisor. Having policies in place around diversity, equality and inclusion (DEI) in the workplace is key to ensuring employees are supported with conditions such as dementia, and a DEI compliance audit can help make sure employers are doing the right thing legally, as well as ethically, to support employees.