The Equality and Human Rights Commission (EHRC) has recently published guidance to assist employers in understanding their legal obligations when supporting disabled workers with hybrid working. The new guidance is intended for managers and leaders at small and medium-sized employers. The guidance covers practical steps, conversation prompts, example questions and case studies to enable employers to fully support disabled workers.
The benefits of providing suitable support for hybrid working can include increased employee welfare, motivation and productivity, as well as a more inclusive culture within the workplace.
The duty to make reasonable adjustments
The Equality Act 2010 places a legal duty on employers to make reasonable adjustments for disabled workers and job applicants. This requires that employers take reasonable steps to remove, reduce or prevent certain obstacles that a disabled worker or job applicant faces.
If a disabled worker or job applicant faces a substantial disadvantage at work (i.e. more than a minor or trivial disadvantage compared with a person who is not disabled), the employer is under a legal duty to make reasonable adjustments to remove, prevent or reduce this disadvantage. The duty requires employers to make adjustments which are reasonable for their business to take. This means that the nature and extent of the duty can vary from business to business.
Failure to make reasonable adjustments can result in claims for disability discrimination.
Hybrid working
Hybrid working is a form of flexible working that involves a combination of in-person and remote work. Following the COVID-19 pandemic, hybrid working has remained the norm for many businesses. Hybrid working can empower workers with disabilities to better manage their health and wellbeing while working. However, if not managed correctly, an employer’s hybrid working arrangements can leave disabled staff without sufficient support or equipment, and staff can be left feeling isolated. The EHRC guidance emphasises that hybrid working should not be used to avoid making reasonable adjustments for disabled workers. In fact, it may be necessary to apply reasonable adjustments to hybrid working arrangements.
Practical tips for employers to support disabled workers with hybrid working
Employers must assess whether work arrangements, such as hybrid working, put a disabled worker at a substantial disadvantage and, if they do, they must ascertain the most appropriate adjustments to remove that disadvantage. Adjustments can impact various aspects of hybrid working, such as providing digital support and guidance, IT equipment, accessibility features in IT software, ergonomic furniture and modifications to remote working policies.
The guidance suggests it is good practice for an employer to have a conversation with the worker to identify and assess any challenges and barriers they face with the employer’s hybrid working arrangements and to devise reasonable adjustments tailored to the worker’s needs. The guidance provides tips, discussion points and questions for this conversation.
Following this conversation, employers should implement any reasonable adjustments to their hybrid working arrangements promptly. When adjustments are agreed, it may be good practice to record the adjustments in an ‘adjustments passport’ that has all of the individual’s information in one place. This means that if the disabled worker’s manager changes or they move into a new role, the process for implementing reasonable adjustments does not need to be restarted.
It is recommended that adjustments are reviewed regularly. If there is a change to a worker’s role, any reasonable adjustments in place should be reviewed to identify if any alterations to the adjustment or additional adjustments are required.
If the worker is unable to work because of the challenges identified, interim arrangements should be considered. This can include temporary changes to their job role or paid disability leave (which doesn’t count towards their sick leave).
The EHRC guidance also recommends occupational health assessments to provide information to help devise reasonable adjustments. If the employee needs support beyond reasonable adjustments, they can be signposted to the government’s Access to work scheme.
Providing appropriate training and support to leaders so that they understand the duty to make reasonable adjustments and how to implement this in practice is recommended in order to promote an inclusive workplace. If the employer decides that a particular adjustment requested by a worker is not reasonable, it is good practice to provide the worker with a detailed written explanation, giving reasons, and to provide an appeals process.
