The Business Disability Forum, a prominent disability inclusion organisation, recently conducted The Great Big Workplace Adjustments Survey 2023, receiving responses from nearly 1500 disabled employees and 400 managers.

This survey aimed to assess the extent to which employers met the needs of disabled employees when requesting workplace adjustments. The survey’s findings shed light on important insights for employers.

In this article, Myerson Solicitors will summarise the key results, highlight legal duties employers should be aware of, and provide practical best practice tips.

Survey Findings

The survey’s key findings are as follows:

1. Self-Initiated Process: A staggering 78% of respondents revealed that they had to initiate the process of obtaining adjustments themselves, rather than employers proactively offering this support.
2. Assertiveness and Confidence: About 58% of disabled employees attributed their success in obtaining necessary adjustments to their assertiveness and confidence in asking for support.
3. Persistent Barriers: Even after adjustments were made, 56% of participants reported that disability-related barriers persisted in their workplace.
4. Employer’s Commitment: Only 37% of respondents felt that their employers genuinely attempted to remove all disability-related barriers and create an inclusive environment for disabled employees.
5. Complete Barriers Removal: Merely 18% of disabled employees claimed that the adjustments they received completely removed all barriers in their workplace.
6. Difficulty in Obtaining Adjustments: An alarming 10% of respondents found it easy to obtain the adjustments they needed. Comparing these results with the 2019 survey, it is evident that the speed of obtaining adjustments has improved by 4% in the last four years. However, one in eight disabled employees reported waiting over a year to receive the necessary adjustments.

The Importance of Adjustments

Workplace adjustments play a vital role in supporting employees with ongoing medical conditions. These adjustments are designed to address disadvantages faced by individuals due to their medical conditions. Examples of suitable adjustments can range from simple changes, such as adjusting lighting, to more significant modifications like adding wheelchair ramps or altering work schedules to allow for regular breaks.

Aside from the legal obligations, providing adequate support and adjustments promotes a supportive, inclusive, and valued work environment.

Such measures contribute to enhanced employee performance, stronger relationships among employees, a safer workplace, and improved employee retention.

Legal Duties: Reasonable Adjustments Claims

Employers have a legal duty, under the Equality Act 2010, to make reasonable adjustments for employees and job applicants with disabilities. For an individual’s condition to be considered a disability, it must substantially and adversely affect their ability to carry out day-to-day activities.

The definition of “reasonable adjustments” is not explicitly defined in the law, but employers should consider factors such as cost, available resources, and the effectiveness of the adjustments in reducing the disadvantage faced by the disabled employee.

Failure to provide reasonable adjustments could result in claims for disability discrimination under the Equality Act 2010. Even if the condition doesn’t qualify as a disability, mishandling the situation by not offering support may lead to other liabilities for the employer, such as unfair dismissal claims or breaches of health and safety obligations.

Best Practice Tips for Employers

To foster an inclusive and supportive workplace for disabled employees, employers can consider the following tips:

1. Create a Supportive Environment: Cultivate an atmosphere free from stigma and fear of stigma to encourage employees to be open about their disabilities and seek support.
2. Communicate Disability Support: Clearly communicate that disability support is available within the organization to encourage employees to come forward and request adjustments.
3. Training and Education: Provide training on supporting staff members with disabilities and implementing effective adjustments.
4. Understand Individual Needs: Engage with the disabled employee or job applicant to understand their specific needs and tailor reasonable adjustments accordingly.
5. Informal Adjustments: Identify adjustments that can be made without a formal procedure or occupational health assessment, such as enabling flexible work hours or providing quiet areas for breaks.
6. Seek Medical Advice: Consider obtaining further medical information through occupational health assessments or consultation with the individual’s GP to determine suitable recommended adjustments.
7. Employee Feedback: Use staff engagement surveys to gain insights into the experiences of both employees and managers during the process of making reasonable adjustments.
8. Periodic Review: Regularly review the effectiveness of adjustments by scheduling catch-ups with individuals to ensure their ongoing relevance and helpfulness.

The Great Big Workplace Adjustments Survey 2023 provides valuable insights into the experiences of disabled employees in obtaining workplace adjustments.

Employers must recognise their legal duties and take proactive steps to create an inclusive and supportive work environment that meets the needs of disabled employees.

By implementing these best practice tips, organisations can promote diversity, enhance employee satisfaction, and foster a more productive and equitable workplace for all.