The Equality and Human Rights Commission (EHRC) has recently issued comprehensive guidance aimed at assisting employers in supporting disabled workers within hybrid working environments. This guidance is particularly relevant as hybrid working becomes increasingly prevalent, with the Labour Government proposing flexible working as the default for most job roles. The guidance serves as a reminder of the legal obligations employers have towards disabled workers, ensuring these obligations are met regardless of whether employees are working remotely or in a communal workplace.
Duty to make reasonable adjustments
Under the Equality Act 2010, employers are legally required to make reasonable adjustments for disabled workers. This duty applies throughout the recruitment process and all stages of employment, including hybrid working setups. Employers must take steps to remove, reduce, or prevent obstacles faced by disabled workers, ensuring they can perform effectively and reach their full potential. The guidance emphasises that these adjustments should be an ongoing discussion between the employer and employee, with regular reviews and prompt reconsideration when circumstances change.
Identifying and implementing adjustments
The EHRC guidance provides practical tips for employers on how to identify when a worker may need reasonable adjustments and how to implement these adjustments effectively. This includes conducting health and safety risk assessments both at home and in the office to identify any barriers that require adjustments. Employers are encouraged to engage in open discussions with employees to understand their specific needs and challenges, and to consider adjustments such as digital support, specialist IT equipment, ergonomic furniture, and modifications to remote working policies.
Ongoing review and monitoring
Employers are advised to maintain an ongoing dialogue with disabled workers to ensure that any adjustments remain effective and relevant. This involves regular review meetings and the use of tools like an 'adjustments passport' to document agreed adjustments. Such documentation ensures continuity even if there are changes in management or the employee's role. Additionally, employers should consider interim arrangements, such as temporary job role changes or paid disability leave, if a worker is unable to perform their duties due to identified challenges.
Creating an inclusive environment
The guidance stresses the importance of making office spaces accessible and ensuring that remote working is not used as a means to avoid making necessary adjustments in the workplace. Employers should foster a culture where reasonable adjustments can be discussed openly, and provide training to leaders on how to implement these adjustments effectively. This approach not only supports disabled workers but also promotes a more inclusive workplace culture, enhancing employee welfare, motivation, and productivity.
Additional considerations
Employers should be aware of the potential for hybrid working arrangements to inadvertently lead to discrimination, such as proximity bias, where those working remotely may have fewer opportunities for advancement compared to their office-based counterparts. It is crucial to ensure that all employees, regardless of their working pattern, have equal access to opportunities and support. Employers should also be proactive in addressing any risks of marginalising their disabled workforce and consider the broader implications of hybrid working on diversity, equity, and inclusion initiatives.
Further reading
This article was generated using Lex HR, an AI tool designed to assist HR professionals with employment law. If you find the content helpful, please explore Lex HR and sign up for a free trial to see how it can benefit your HR practices.
