On 5 September 2024, the Equality and Human Rights Commission (EHRC) published new guidance to help employers understand their legal obligations. It also helps them to identify the barriers to hybrid working that place disabled workers at a substantial disadvantage, together with practical steps on how to best support disabled employees with hybrid or remote working. But perhaps of most interest are the various case studies that have been designed to highlight the different types of adjustment necessary to ensure the health and wellbeing of disabled workers.
Duty of care
The Equality Act 2010 places a legal duty on employers to make reasonable adjustments for disabled workers and job applicants. This requires that employers take reasonable steps to remove, reduce or prevent certain obstacles that a disabled worker or job applicant faces.
Health and wellbeing
The guidance recognises that hybrid working arrangements bring benefits to disabled workers especially around being better able to manage their health and wellbeing. It also focuses on how health and safety risk assessments, well implemented arrangements and reasonable adjustments, including having access to the right support, can create a culture of inclusion and enable disabled hybrid workers to thrive in their role.
In addition, the guidance mentions the importance of ongoing discussions between employee and employer as requirements will vary from person to person, from workplace to workplace and from job role to job role. Plus it stresses that regular reviews, if there is a change of circumstances, are essential.
However, what the guidance stresses is that whilst the type of adjustments required will vary, there are six main areas that require special attention, these include:
- Digital support
- Specialist IT equipment or software
- Furniture
- Online and hybrid meeting etiquette
- Travel to work
- Policies and practices in relation to remote working
The Office
Whilst part of hybrid working is working remotely, the guidance recognises the benefit of face-to-face interactions between colleagues, and the positive effect this can have on wellbeing, job performance and team culture. Even with fewer office days, the EHRC guidance stresses the importance of office spaces still being accessible for disabled workers, and it highlights the importance of making sure that remote working is not used to avoid making adjustments to your place of business.
Not just physical
Whilst we tend to think of disability as being physical, the guidance also provides arrangements for how employers should support workers with mental disabilities such as autism, anxiety and depression. In one of its case studies, it explains how adjusting a working pattern for a worker with depression to allow him to attend the office for 60% of his working time, rather than the standard 40%, as too much homeworking may be exacerbating his condition. Another case study details how by providing a quieter desk in an open plan office to an autistic worker who is struggling with the noise may be necessary.
Non-binding
Although non-binding, the guidance is a useful reference document for all employers operating hybrid working arrangements. It may be necessary to provide appropriate training and support to managers so they understand what is expected of them. It may also be good practice to have procedures in place so if for example an employer decides that a particular adjustment requested by a worker is not reasonable, the workers is provided with a detailed written explanation of the decision-making process. It may also be necessary to provide an appeals process.
How I can help
For advice and support when it comes to having the right processes, procedures and policies in place to support disabled hybrid workers, please email caroline.robertson@actifhr.co.uk