In March 2013, 20.8% of the working age population in the UK (8.3 million people) had a disability. One of the challenging aspects of handling disability in the workplace is that often disabilities are not easily recognisable, particularly with cases of mental health impairments. It is worth noting that the World Health Organisation has predicted that depression will be the leading cause of disability by 2020.

The Equality Act 2010 defines a person as disabled if they have a physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities. 

• ‘Normal day-to-day’ means things that people do on a regular or daily basis, such as reading, writing, using the telephone, having a conversation and travelling by public transport.

• ‘Long-term’ usually means the impairment should have lasted or be expected to last at least a year.

• ‘Substantial’ means not minor or trivial.

A person is also protected under the Act if they have been affected in this way in the past but have been well for some time.

The EHRC has advice on what counts as a disability  according to the law.

Employers must make reasonable adjustments to the working environment so that the individual is not disadvantaged at work because of their disability. Employers are legally obliged to do so if the individual has informed the employer of their disability and are classified as disabled under the Equality Act 2010. 

The average cost of reasonable adjustments per individual is about £75. In many cases these adjustments are simple and inexpensive or free. What may seem like little changes can have a profound impact in allowing your employees to maintain productive working lives.

Examples of reasonable adjustments are:

• Providing flexible work hours or a phased return to work (flexible, part-time hours)

• Allocating a ground floor workstation to an employee that uses a wheelchair, or providing a lift or ramp

• Providing equipment which is suited to the individual, such as a louder phone for an employee with a hearing impairment, or a special keyboard for an employee with arthritis

• Allowing an employee with social anxiety disorder to work at a designated desk, rather than hot-desking

• If an employee has a particular phobia, removing such items from the work area

• Consider job sharing to help reduce the workload

How to make ‘Reasonable Adjustments’

Remember that each individual may experience their disability differently, and therefore they are the best person to tell you what kind of workplace changes would make the biggest difference to them.

1. Discuss with the individual what kind of adjustments would suit them, and consider how effective, practical, affordable and also how disruptive those adjustments might be if they were put in place.

2. A ‘fit for work’ note may be provided by the individual’s GP which describes the kind of work the individual is able to do and what changes you can make as an employer to help them return to work.

Beyond ‘Reasonable Adjustments’ 

Some adjustments may not be legally considered ‘reasonable’. For example, it would not be reasonable for an employer to make major adjustments where a certain practice is central to the role, such as not being able to use a phone in a role as a telephone cold caller.

Factors which may affect what is a ‘reasonable adjustment’

• the extent to which taking the step would prevent the effect in question

• the extent to which it is practicable for the employer to take the step

• the financial and other costs which would be incurred by the employer in taking the step

• the extent to which taking the step would disrupt any of the employer’s activities

• the extent of the employer’s financial and other resources

• the availability to the employer of financial or other assistance with respect to taking the step

• the size and type of business

 Employers should also remember:

• the employee does not have to suggest adjustments

• the duty to make adjustments is on the employer

• they may need to treat a disabled person more favourably than a non-disabled one

• the duty to make adjustments can apply after employment has ended

• there is no exemption for small employers

• there is no duty to make adjustments if the employer does not know or could not reasonably have known that the employee is disabled

For example, it may be unreasonable for a company to invest in a very expensive tailored chair for an individual with a back problem, however it may be reasonable for the individual to be allowed flexible hours to reduce time spent in traffic whilst commuting or to work from home.
 
In situations where the individual requires assistance which is beyond reasonable for the employer to provide, you may consider getting support from Access to Work. Access to Work is a government-run programme which helps disabled people to get into or retain employment. The programme provides advice and practical help in assessing the disability needs of a person in the workplace, and may offer financial support towards any costs which are beyond the reasonable adjustments that the company is obliged to provide.
 
If you are unsure what adjustments you can reasonably, you may wish to consult the Advisory, Conciliation and Arbitration Service (ACAS)Government helpline for guidance.

Creating a supportive environment

Often the most important adjustment concerning disability in the workplace is stigma, or the fear of stigma. Having a clear standard that disability support is available to all staff helps to encourage members of staff to be open about their disability.

Consider whether your management may benefit from training on how to support staff members with disabilities, such as training on managing a phased return to work period.

For guidance, advice or help with disability in the workplace or to make a comment about this newsletter
please email us at info@peoplebusiness.co.uk or ring on 01932-874-944