The recent release of findings from The Great Big Workplace Adjustments Survey 2023 sheds light on the experiences of disabled employees and managers, with almost 1500 disabled employees and 400 managers participating in the survey. Conducted by the Business Disability Forum, a leading organisation focused on disability inclusion, this survey is among the most extensive investigations into the challenges faced by disabled employees in requesting workplace adjustments. In this article, Myerson Solicitors LLP present a condensed overview of the survey’s outcomes, underline the legal responsibilities incumbent upon employers in this context, and conclude with valuable best practices.
Survey Discoveries
Key observations from the survey include:
- Employee-Initiated Adjustments:A notable 78% of respondents reported initiating the process of obtaining adjustments themselves rather than the employer proactively taking the lead.
- Assertiveness Matters:58% attributed the success of obtaining required adjustments to their assertiveness and confidence in seeking such support.
- Persisting Barriers: Despite adjustments being implemented, 56% still encountered disability-related obstacles within the workplace.
- Perceptions of Employer Intent:Only 37% believed their employers genuinely aimed to eliminate all disability-related barriers and foster inclusivity.
- Incomplete Barrier Removal: Merely 18% of disabled employees felt that the adjustments completely eliminated workplace barriers.
- Challenges in Accessing Adjustments:A mere 10% found the process of obtaining necessary adjustments to be straightforward.
Comparing the current results with those of the 2019 survey, there has been a 4% enhancement in the speed of adjustment provision over the past four years. Nonetheless, it is disconcerting that one out of eight disabled employees indicated waiting over a year for their required adjustments. These findings underscore the extended waiting periods endured by employees with disabilities and chronic health conditions, prompting them to undertake the process themselves or even fund adjustments personally. Beyond adjustments, the survey delved into other workplace challenges faced by disabled employees, encompassing issues such as harassment, limited career advancement, and inadequate well-being programs.
The Significance of Adjustments
Employers are responsible for offering suitable support to employees with ongoing medical conditions. Workplace adjustments are instrumental in mitigating disadvantages arising from medical conditions. While the ideal adjustment hinges on the case specifics, exemplifications encompass the following:
– Lighting Tweaks: Adjusting desk lighting to accommodate specific needs.
– Enhancing Mobility: Installation of wheelchair ramps.
– Adapting Work Patterns: Altering work schedules or permitting regular breaks.
Beyond legal obligations, these measures foster a sense of support, inclusivity, and value among employees. They contribute to heightened performance, improved employee relations, a safer work environment, and enhanced retention rates.
Furthermore, in cases where an employee’s medical condition meets the “disability” criteria under the Equality Act 2010, employers are legally obligated to make reasonable adjustments, thereby reducing work-related disadvantages for disabled employees. A failure to comply might result in claims of inadequate adjustments or other disability discrimination charges pursuant to the Equality Act 2010. Even if the condition doesn’t meet the disability threshold, mishandling the situation without offering necessary support and adjustments could expose employers to legal liabilities like unfair dismissal claims or breaches of health and safety responsibilities.
Obligations for Reasonable Adjustments
Employers’ duty to implement reasonable adjustments extends to both employees and job applicants defined as disabled under the Equality Act 2010. A condition qualifies as a disability if it significantly and durably hampers the individual’s capacity for routine activities. The “reasonableness” of an adjustment varies depending on factors including cost, business size, available resources, practical feasibility, and efficacy in addressing the disadvantage compared to non-disabled individuals.
Typically, instances of inadequate adjustments initiate informal complaints or formal grievances, offering the employer opportunities for amicable resolutions. The matter may escalate to an employment tribunal for discrimination claims in graver cases, entailing uncapped damages and potential reputational damage.
Employer Guidelines
For employers navigating disabled employees and reasonable adjustments, consider these guidelines:
– Foster a Supportive Environment: Eradicate stigma by cultivating a stigma-free workspace.
– Promote Openness: Clearly communicate the availability of disability support, encouraging employees to discuss their needs.
– Training Implementation: Provide training on supporting disabled staff and implementing effective adjustments.
– Engage with Employees: Collaborate with employees to understand their challenges, enabling tailored adjustments.
– Identify Low-Impact Adjustments: Determine simple adjustments that bypass formal procedures, such as flexible hours or quiet workspaces.
– Gather Medical Insights: Consider seeking medical input for recommended adjustments.
– Engage through Surveys: Utilise staff surveys for insights into the adjustment process.
– Continuous Review: Regularly assess the adequacy of adjustments with employees.
In conclusion, The Comprehensive Workplace Adjustments Survey 2023 has illuminated critical concerns for disabled employees and their employers, prompting a collective effort towards more inclusive and accommodating work environments. Employers must not only meet legal responsibilities but also embrace a proactive role in ensuring disabled employees thrive within their organisations.
