EHRC publishes new guidance to support disabled workers with hybrid working
The Equality and Human Rights Commission (EHRC) has published new guidance on supporting disabled workers with hybrid working. The guidance is aimed at helping managers and leaders at small and medium-sized employers to understand their legal obligations and gives guidance on the practical steps they can take to best support disabled staff.
The guidance explains the law related to making reasonable adjustments for disabled workers under sections 20 and 21 of the Equality Act 2010. Under this requirement an employer must consider if any of the following: (a) the way they do things; (b) any physical feature in the workplace; and (c) the absence of an auxiliary aid or service, places a disabled worker at a substantial disadvantage. If it does then the employer must make reasonable adjustments that will remove, prevent or reduce the disadvantage. There is no one size fits all reasonable adjustment, but common examples of reasonable adjustments include flexible working, working from home, providing a quiet space, an ergonomic desk and chair etc.
In particular, the guidance focuses on identifying barriers to effective hybrid working and explains that if an adjustment is reasonable then an employer must pay for it. It is open to the employer to take into consideration the cost of an adjustment in determining whether it is reasonable or not. The responsibility is not on the worker to suggest adjustments, but they are more likely to be effective if the worker is involved in identifying them. Specifically for hybrid working, the guidance suggests an employer look at digital support, IT equipment, furniture, online and hybrid meeting etiquette, travel to work and its policies and practices in relation to remote working.
The guidance also discusses implementation and review of any arrangements agreed and gives general advice on how an employer can make the working environment more inclusive and accessible for disabled workers who work remotely.
The EHRC gives practical tips on how an employer can have a conversation with a worker about their disability and potential reasonable adjustments and gives examples of appropriate questions to ask. It also gives illustrative case studies highlighting examples of how an employer might allow a reasonable adjustment to prevent a barrier to hybrid working for disabled workers.
Overall, it’s a really useful guide, written in plain English which hopefully will help employers understand what their responsibilities are as well as ensuring that they treat their disabled employees fairly by removing disadvantages they face in the workplace.
This blog was written by Anita Vadgama, Partner at didlaw.
