The Equality and Human Rights Commission has recently published new guidelines to help employers understand their legal obligations in supporting disabled workers with hybrid working.
Making the correct adjustments for employees can attract, empower and retain top talent, and creates an environment where staff can perform more effectively and achieve their full potential.
The law related to making reasonable adjustments for disabled workers
Under the Equality Act 2010, employers have a duty to make reasonable adjustments for disabled people. This duty aims to ensure that, as far as is reasonable, a disabled job applicant or worker has the same access to everything that is involved in getting, doing and keeping a job as a non-disabled person.
When the duty arises, an employer is under a positive and proactive duty to take reasonable steps to remove, reduce or prevent the obstacles a disabled worker or job applicant may face.
Identifying when a worker or job applicant may need an adjustment
As an employer, you must consider whether a disabled worker or job applicant is put at a substantial disadvantage by:
- The way you do things
- Any physical feature of your workplace
- The absence of an auxiliary aid or service
If this disadvantage is more than minor or trivial compared with a person who is not disabled, you must make reasonable adjustments.
Identifying barriers to effective hybrid working and ascertaining the most appropriate adjustments
An employer must assess what workplace arrangement put the disabled worker at a substantial disadvantage in comparison with a non-disabled worker. The best way to do this is to speak to the worker directly about the challenges they face in the workplace and how this is affecting them.
Whilst the responsibility remains with the employer to suggest adjustments that might help, if a worker is involved in identifying adjustments, they may be more effective.
Adjustments may relate to the following:
- Digital support
- IT equipment
- Furniture
- Online and hybrid meeting etiquette
- Travel to work
- Policies and practices in relation to remote working
Any adjustments made should be tailored to the individual workers’ requirements, and it must be remembered that a combination of adjustments may be needed.
Implementation and review of any agreed adjustments
Once adjustments are agreed with the employee, they must be implemented promptly so that the worker can work to their full potential as soon as possible.
Employers must make sure that the worker is updated on progress throughout, and any interim arrangements are discussed.
It is important that adjustments are reviewed regularly or reconsidered promptly when there is a change of circumstances. This will help employers identify if any adjustments are no longer effective and if any further change should be implemented.
How an employer can make the working environment more inclusive and accessible for disabled workers
The best approach is to make clear that the organisation is committed to making the workplace accessible for disabled colleagues and job applicants. Consulting with, and respecting the autonomy of, workers has been shown to produce positive outcomes for workers and employers.
It is not a requirement to, as an employer, anticipate every potential reasonable adjustment that an individual may need, but considering how to make a workplace more accessible generally is good practice.
Your obligations as an employer:
Review your current practices regarding supporting disabled workers with hybrid working and ensure that any workers or job applicants are given the opportunity to raise any reasonable adjustments that they need. Making these changes will help ensure that the workplace is inclusive for all workers, including disabled workers, and that an employer is prepared when adjustments are legally required.
