The Equality and Human Rights Commission (EHRC) has released new resources to help small and medium-sized employers support disabled workers in hybrid working. The guidance offers practical tips on discussing health and adjustments with employees, including examples of suitable questions and reasonable adjustments to remove barriers for disabled workers in hybrid working.
What is a disability?
The Equality Act defines disability as a physical or mental impairment or condition that has a substantial and long-term adverse effect on a person’s ability to perform normal day-to-day activities. Normal day-to-day activities include the ability to participate fully and effectively in working life on an equal basis with other workers.
What does the law say about reasonable adjustments in employment?
Employers are required to make reasonable adjustments to remove, reduce, or prevent obstacles faced by disabled workers. This duty aims to create environments where staff can perform effectively and reach their full potential. By making these adjustments, employers ensure that, as far as is reasonable, they take steps to address the challenges that disabled workers or job applicants face, allowing them to fully participate and succeed in the workplace.
The duty to make reasonable adjustments applies:
• Throughout the recruitment process and all stages of employment, including promotion, training, and dismissal.
• To all workplace arrangements, including hybrid working setups.
What should employers do?
Employers must take all reasonable steps to support disabled employees, workers, and job applicants, protecting them from disability discrimination. They are required to make reasonable adjustments to ensure that workers with disabilities or physical or mental health conditions are not substantially disadvantaged in performing their jobs. Employers should consider using workplace assessment tools to identify technology that can assist disabled employees working flexibly. Additionally, providing specialised desks can help minimise discomfort for staff with musculoskeletal conditions.
Employers are not required to anticipate every potential reasonable adjustment a disabled worker or job applicant might need in the future. However, it is important for them to consider adjustments they could implement in the workplace. The EHRC guidance provides support on identifying when a worker or job applicant may need an adjustment, recognizing barriers to effective hybrid working, and determining the most appropriate adjustments.
Please see the link for the guidance on supporting disabled workers with hybrid working: Supporting Disabled Workers with Hybrid Working: Guidance for Employers | EHRC (equalityhumanrights.com)
Please contact us for advice if needed to help with any aspect of managing hybrid working.
