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The Equality and Human Rights Commission has published new guidance this month about supporting disabled workers with hybrid working and aimed at small and medium sized employers.
A recent case I have been advising on reminded me that some smaller employers are not aware that provisions of The Equality Act 2010 relating to an employer’s obligations do also apply to them too. The exemption that once existed for employers with fewer than 15 staff ended in 2004. This means that all employers whatever size need to be aware of their obligations to disabled workers.
What is classed as a disability?
The Equality Act 2010 defines disability as a physical or a mental impairment or condition which has a substantial and long-term adverse effect on a person’s ability to do normal day to day activities. Normal day to day activities includes the person’s ability to participate fully and effectively in working life on an equal basis with other workers.
What is the duty to make reasonable adjustments
In practice, this duty means that if as an employer you must consider making adjustments where reasonable to ensure that the disabled worker is not at a substantial disadvantage in the workplace. This might be in the way you do things, any physical aspect of the workplace, or by providing an aid or service which would assist the worker.
Do you need to be sure that the worker has a disability first?
As the employer, you must make reasonable adjustments where you know or you are reasonably expected to know that a person is disabled. This also extends to those applying for jobs as well as those already employed. Consequently, the approach of choosing to ignore any signs that the individual is potentially disabled on the basis that if you are not sure the obligations will not apply to you, is not a good approach.
The new guidance, with a particular focus on hybrid working arrangements, provides practical tips and case studies to help employers manage these often-tricky situations with a view to minimising the risk of a complaint of discrimination but also to encourage staff to achieve their potential, reduce staff turnover and ultimately improve overall business performance. Click HERE to access the guidance and do get in touch if you have a situation that we can help support you with.
Please get in touch if you have any questions regarding the issues discussed in this article.
E: help@jma-hrlegal.co.uk / T: +44 (0)1252 821792
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