The latest Work and Pensions Committee (the Committee) report, on employment support for disabled people, puts employer practice firmly in the spotlight. Its recommendations point to a more structured and accountable approach to reasonable adjustments, with potential new expectations around response times, written reasons and disability-related workforce reporting.
Why this report matters
The Committee’s report follows its inquiry into the reasons behind the disability employment gap and assessment of how effective existing government programmes are at helping disabled people into work. The disability employment gap remains persistently high, currently standing at around 30%.
In its report, the Committee identifies workplace barriers, including some employers’ reluctance or inability to make reasonable adjustments. Employers already have a duty to make reasonable adjustments where they know, or could reasonably be expected to know, that an individual worker has a disability. The duty arises when a physical feature of the workplace, or a provision, criterion or practice the employer applies, puts a disabled employee at a substantial disadvantage compared to a non-disabled employee, or they would be put at a substantial disadvantage but for the employer’s provision of an auxiliary aid. An employee with a disability does not have to request adjustments for the duty to arise, although in practice it is not uncommon for an employee to make suggestions.
The significance of the report is that it focuses less on the existence of that duty and more on how employers manage the process in practice. That includes how quickly they respond when an employee requests an adjustment, how clearly they explain decisions and how well they record the steps they have taken.
Key recommendations
Information for all new employees
The Committee also recommends that employers provide all new employees with information about disabled people’s rights at work, including details on the right to request reasonable adjustments and how that can be done.
This would apply whether or not the employer knows the employee is disabled.
While the government may not implement the report’s recommendations, employers should consider reviewing their onboarding materials to consider the level of disability rights information provided. Doing so may have a wider beneficial effect in supporting earlier disclosure of disabilities, leading to a more open conversation about reasonable adjustments.
Written responses to reasonable adjustment requests within two weeks
The Committee recommends requiring employers to respond in writing to reasonable adjustment requests within two weeks. Where an employer refuses a request, it would have to explain its reasoning. This might include whether the employer accepts the individual has a disability, whether it considers the individual to be at a substantial disadvantage and what advice it took before reaching its decision.
For employers, the practical point is clear. A reasonable adjustments policy is only useful if managers know how to apply it. Managers should be able to recognise when they should consider reasonable adjustments, or that an employee is requesting adjustments, escalate it to the right person, respond within an appropriate timeframe and keep a clear written record of the decision-making process.
Research on flexible working, medical appointments and AI recruitment
While not as immediately impactful on employers, the Committee also recommended further research into the impact of flexible working on productivity, giving disabled people the right to paid time-off for appointments related to their disability, and the impact of AI in recruitment on disability inclusion.
The use of AI in recruitment is particularly interesting in the context of how source data used to train AI might perpetuate pre-existing biases when it comes to making recruitment selection.
Going forward, employers utilising AI/automated recruitment tools should already be considering any possible bias in their system and the resulting adjustments to be made.
Disability reporting and the wider direction of travel
The Committee’s report is one aspect of wider government reform on workplace equality, transparency and employment participation. It comes after the government announced plans to extend pay gap reporting to include the disability pay gap. This would require employers to report their disability pay gap and publish an action plan setting out the steps they will take to reduce the gap. You can read more about the pay gap reporting plans in our recent blog (available here).
The report recommends extending the requirements so that large employers also report on the number of disabled people they employ.
Taken together, these developments suggest that disability inclusion is likely to become a more visible element of employers’ governance and workforce reporting work.
Practical steps for employers now
Going forward, there are several steps employers should consider to get ahead of the proposed reforms, including:
- reviewing reasonable adjustment policies to ensure there is a clear process for receiving a request, making an assessment and communicating a decision;
- keeping written records of discussions requesting reasonable adjustments, any evidence considered, advice taken and reasons for refusal, if applicable;
- reviewing onboarding materials to make sure employees have clear information on disability rights;
- auditing recruitment processes, especially where AI or automated systems are used; and
- preparing for on the likely introduction of disability pay gap reporting.
Conclusion
The Committee’s recommendations, while not yet law, provide a clear indication of how disability rights may develop. For employers, the key message is that reasonable adjustment processes need to be prompt, consistent and well documented. Taking steps now to improve those processes and strengthen disability-related data practices should help employers prepare for future reform and support better outcomes for disabled employees.
