# data[].attributes.headline
19/5/26 Support with employee health and disability service

# data[].attributes.subject
19/5/26 Support with employee health and disability service

# data[].attributes.attachment_link.title
Support with employee health and disability – GOV.UK

# data[].attributes.attachment_link.description
This service is for employers, managers and anyone who manages employee absence.

# data[].attributes.headline
8/4/26 Cuts to disability benefits for those who cannot work ‘is recipe for greater hardship’ and ‘will put lives at risk’

# data[].attributes.subject
8/4/26 Cuts to disability benefits for those who cannot work ‘is recipe for greater hardship’ and ‘will put lives at risk’

# data[].attributes.attachment_link.title
Cuts to disability benefits for those who cannot work ‘is recipe for greater hardship’ and ‘will put lives at risk’

# data[].attributes.attachment_link.description
Activists say the government’s decision to slash disabled people’s out-of-work benefits is a “recipe for greater hardship” and will risk claimants’ lives, as ministers this week pushed through cuts…

# data[].attributes.headline
24/2/26 Changes to flagship disability scheme don't go far enough, campaigners say

# data[].attributes.subject
24/2/26 Changes to flagship disability scheme don't go far enough, campaigners say

# data[].attributes.attachment_link.title
Disability Confident scheme changes don’t go far enough, campaigners say

# data[].attributes.attachment_link.description
Charities say employers will still be able to certify themselves without employing “a single disabled person”.

# data[].attributes.headline
24/6/26 Employment law news in brief – February 2026

# data[].attributes.subject
24/6/26 Employment law news in brief – February 2026

# data[].attributes.attachment_link.readable_text
Here's our round-up of employment law news for February 2026.
Employment cases linked to neurodivergence almost double in five years
Analysis provided by Irwin Michell indicates that the number of employment cases in UK linked to neurodivergent conditions has almost doubled since 2020.

In 2020, HM Courts & Tribunals Service recorded 265 employment tribunal cases involving neurodivergent conditions. By 2025, the annual total had increased to 517 cases - a rise of around 95% over five years.

Our analysis also highlights a sharp year‑on‑year increase of almost 19% between 2024 and 2025. The figures further show that the most recent six‑month period recorded the highest number of cases underlining the pace at which claims are continuing to rise.

Autism and ADHD are now the most common conditions in tribunal cases, with both reaching record levels in 2025.
Skills boost under new Fast‑Track Apprenticeship reforms
The government has unveiled new "fast‑track" apprenticeship reforms designed to accelerate young people's entry into high‑quality jobs across the UK's key growth sectors. The initiative aims to cut approval times for updating apprenticeship standards and create short, targeted courses from 18 months to as little as three, to ensure training keeps pace with rapidly evolving industries.

The changes form part of wider Growth and Skills Levy reforms, backed by £725 million, which are expected to deliver 50,000 additional apprenticeships for young people.
Thousands of UK workers skip holidays
Timetastic's 2026 Annual Leave Report: The Great British No‑Break suggests that many UK employees are not taking the time off they've earned. Surveying 6,000 workers across the country, the report shows that 21% of Brits are not using their full annual leave entitlement, with a significant portion leaving between one and five days unused each year.

The report suggests that workers feel guilty about taking time off when they still have so much work to do:

one in nine workers (11%) said they have felt pressured into not booking time off due to their workload

almost half (45%) believed that delaying breaks harmed their mental health; and

every respondent said their stress levels increased when they went too long without time off.

The report also shows that men are slightly more likely than women to not take their full allowance, and older workers are less likely than younger workers to use all of their leave.
Family problems are the most overlooked mental health risk for staff
Recent report from PAM Wellbeing indicates that strained family relationships are the most overlooked mental health risk affecting employees today. Despite being a major source of anxiety, it remains one of the most stigmatised wellbeing issues in the workplace. It believes that employees are more willing to discuss nine other personal topics, including equality, neurodiversity and financial worries, before opening up about difficulties in their personal relationships such as divorce, parental stress or family estrangement.

Its findings suggest:

three in five employees experience daily anxiety linked to strained family relationships

one in three describe their anxiety levels as very or extremely high; and

nearly two in five employees also say they feel uncomfortable discussing family‑related stress with their manager.

Younger parents, older workers, and women caring for children with mental health challenges are among those most affected.
Welfare reforms aimed at boosting employment
The government has announced a new package of welfare reforms intended to rebalance the benefits system and help more people move into work. Universal Credit legislation laid before Parliament sets out measures to address incentives that appear to discourage employment and trap people on long‑term benefits.

A key change will narrow the gap between payments for those claiming health‑related benefits and people actively seeking work. From April, new claimants will receive a lower health element rate of £217.26 per month, compared with the existing higher rate of £429.80. The higher rate will remain in place for those with severe or lifelong conditions and all current claimants.

The changes also include the first sustained above‑inflation increase to the standard Universal Credit rate, affecting nearly four million households. For a single person aged 25 or over, this means an additional £295 this year, rising to £760 by the end of the decade.
Severe delays and cuts in Access to Work Scheme
A new report from the National Audit Office (NAO) has uncovered major flaws in the Government's Access to Work (AtW) scheme, revealing severe delays, growing backlogs and substantial cuts that are putting disabled people's employment at risk. Analysis shows that average processing times for AtW applications have risen sharply, from 28 to 109 days in the last four years.

Demand for the scheme has more than doubled, with applications increasing from 76,100 to 157,000. The Department for Work and Pensions does not expect the backlog to improve significantly soon.

Spending on AtW also almost doubled over the same period, rising from £163 million to £321 million. Complaints have escalated from 234 in 2022-23, reaching 800 in just the first half of 2025-26.
Gender pay gap: women effectively work 47 days a year for free
New analysis from the Trades Union Congress (TUC) reveals that women in the UK are working the equivalent of 47 days a year without pay due to the gender pay gap. These conclusions are based on the average pay gap of 12.8% and women earning £2,548 less per year than men. This means that women only start "earning" from 15 February onwards each year.

The TUC says progress is moving at a "snail's pace," warning that, at current rates, the gap will not close until 2056. Key drivers include women working part‑time to shoulder caring responsibilities, limited access to flexible work, and the lack of affordable childcare.

The analysis shows wide variations across sectors:

Health & social care: 12.8% gap = 47 unpaid days

Education: 17% gap = 62 unpaid days

Wholesale & retail: 10.5% gap = 38 unpaid days

Finance & insurance: 27.2% gap = a 99 unpaid days, the worst of any industry.

The pay gap also deepens with age, peaking at 19.7% for women aged 50-59, who effectively work 72 days for free each year.
Free AI training to reach 10 million workers by 2030
The government has announced a major expansion of its national AI skills programme, making free, benchmarked artificial intelligence training available to every adult in the UK. The initiative aims to equip 10 million workers with practical AI skills by 2030, ensuring the workforce can adapt to rapid technological change and seize new opportunities.

The expanded programme includes new partnerships with the NHS and techUK and introduces a cross‑government unit dedicated to analysing AI's impact on the economy and labour market. Backed by £27 million in funding, the plan will also support local communities through tech job‑linking schemes, new professional courses and graduate traineeships.
Disability experts appointed for the review of Personal Independence Payment
The government has appointed twelve disability experts to a new steering group that will guide the first full review of Personal Independence Payment (PIP) since the benefit was introduced over a decade ago. The review will examine whether PIP remains fair, effective and reflective of the needs of disabled people today.

The aim of the review is to ensure PIP supports disabled people to live independent, healthy lives, and will look at assessment criteria and how the process could more effectively provide access to wider support across the benefits system.
Older workers contribute four times the cost of the state pension triple lock
New analysis shows that people working beyond state pension age are making a major and growing contribution to the UK economy, far outweighing the cost of maintaining the pensions triple lock.

Key statistics:

# data[].attributes.attachment_link.title
Employment law news in brief - February 2026

# data[].attributes.attachment_link.description
Employment law news in brief - February 2026

# data[].attributes.headline
9/12/25 DWP and Treasury silent over mystery of £2 billion cuts to disability benefits

# data[].attributes.subject
9/12/25 DWP and Treasury silent over mystery of £2 billion cuts to disability benefits

# data[].attributes.attachment_link.title
DWP and Treasury silent over mystery of £2 billion cuts to disability benefits

# data[].attributes.attachment_link.description
The government has refused to explain the impact that last week’s budget will have on disabled people who receive benefits, despite repeated requests for clarity over cuts of up to £580 million a y…

# data[].attributes.headline
9/12/25 DWP forced to admit 1 in 3 Access to Work claims have been denied this year so far

# data[].attributes.subject
9/12/25 DWP forced to admit 1 in 3 Access to Work claims have been denied this year so far

# data[].attributes.attachment_link.readable_text
The Department for Work and Pensions (DWP) has been forced to admit that the number of Access to Work rejections has seen a dramatic increase since Labour took control. The figures show that denials of the vital support are up by more than a fifth this year, with one in three claims rejected.

Access to Work is, in theory, supposed to provide financial support to disabled people to help them get into and stay in work. The fund can be used towards specialist equipment, transport, and support workers. However, as the Canary has reported, the programme has, for a long time, been failing disabled people, and the department is quietly cutting it without any consultation and little transparency.

Of course, this means disabled people are struggling to get into work because of their accommodations can't be met. But in cases such as Tourettes Hero founder Jess Thom, disabled people who have thrived under Access to Work are now having to give up their careers as the DWP is going back on their word and cutting their support.

This, of course, comes at a time when the DWP is obsessed with "Getting Britain Working Again" - whilst doing nothing to actually support disabled people into work.

DWP forced to own up

In a written question, former shadow minister for disabled people Vicky Foxcroft asked the now minister for disabled people, Stephen Timms:

whether his Department holds data on the (a) number and (b) proportion of Access to Work applications that have closed in each financial year from 2022-2023 to 2025-26 to date by (i) stage of the claim and (ii) reason for closure.

Timms' answer showed just how terrible the Labour government is for disabled people - much worse than the Tories, in fact. Timms also tried to dodge the question on a semantic technicality

The Department for Work and Pensions does not close Access to Work applications. Instead, applications may be approved or not approved following assessment

Huge increase in disabled people losing support this year already

However, the figures speak for themselves, the below are based on tax years, and so run from April 2022- April 2023 and so on. Timms told Foxcroft:

2022/23: 31,482 applications were not approved (30% of all decisions)

2023/24: 33,886 applications were not approved (24% of all decisions)

2024/25: 34,874 applications were not approved (27% of all decisions)

2025/26 (to October 2025): 27,297 applications were not approved (33% of all decisions)

At first glance, it appears that the figure hasn't jumped up loads. However,, we're only halfway through this financial year. So already this financial year, 33% of all Access to Work claims have not been approved. We're just a few thousand off the total for 2022 with still another six months to go.

Disability News Service has this projected at a 22% increase from last year. And, it's worth bearing in mind that denials already rose by 12% in Labour's first year in power (however it should be noted the Tories were still in charge for the first two months). As DNS also points out, one in three claims has been rejected this year so far.

DWP blames disabled people and not its own failing system

Timms told Foxcroft that reasons for rejection included no contact from the applicant, insufficient evidence, the applicant not being eligible, and the application not being pursued. However, he didn't provide any data that showed the frequency at which these were the reasons, or any more detailed reasons why the applicant wasn't eligible.

These reasons massively blame the applicant, instead of the DWP, who as with most things, don't make this an easy process. It's also rich that contact is mentioned when the DWP is a notoriously hard organisation to get any kind of straightforward communication from. Back in October, the department had to admit that a high number of ESA claimants were left feeling suicidal after delays in phone contact.

Co-founder of the Access to Work Collective, Shani Dhanda, told DNS:

What we see on the ground is chaos: phone calls going unanswered, people cut off mid-call, evidence repeatedly misplaced, and applicants waiting so long for approvals, change of circumstances or renewals, that work opportunities disappear.

Access to Work "not fit for purpose"

Foxcroft, who quit as a Labour whip during the Labour PIP rebellion, told :

It has long been clear that Access to Work is not fit for purpose. I am pleased that ministers have acknowledged this and begun to take action through the Pathways to Work green paper.

However, the DWP's Pat McFadden told disability rights campaigners a few weeks ago that the follow-up white paper to the green paper would not be published. Crucially many of the Access to Work changes were also quietly pushed through whilst the consultation happened.

Foxcroft concluded:

These statistics show, however, that there is still a long way to go towards removing the workplace barriers disabled people face every day.

The DWP is expected to announce its proposals for Access to Work in the coming weeks. However, it's worth noting that none of the current plans to help (read: force) disabled people into work mention any further investment in Access to Work. In fact the plans explicitly mention that the onus should fall more on the employer to foot the bill for adjustments disabled people need in the workplace.

It's clear that while the government is only interested in appearing to care about supporting disabled people into work, when it comes to actually helping us they couldn't give a fuck.
Featured image via the Canary

# data[].attributes.attachment_link.title
DWP forced to admit 1 in 3 Access to Work claims have been denied this year so far

# data[].attributes.attachment_link.description
The DWP won't stop banging on about getting disabled people into work - so why the fuck are they rejecting so many Access to Work applications?

# data[].attributes.headline
07/10/25 5 tried-and-tested study tips for dyslexic students

# data[].attributes.subject
07/10/25 5 tried-and-tested study tips for dyslexic students

# data[].attributes.attachment_link.keywords[]
5 tried-and-tested study tips for dyslexic students | openlearn

# data[].attributes.attachment_link.title
5 tried-and-tested study tips for dyslexic students

# data[].attributes.attachment_link.description
Studying with dyslexia can sometimes feel overwhelming - but the fact you've made it this far shows you have what it takes to succeed. From planning ahead to harnessing your creativity, here are five practical strategies to make studying more effective, less stressful, and more suited to the way you work best.

# data[].attributes.headline
2/9/25 Charities and leading energy firm call for action as devastating 'fuel poverty gap' doubles in 5 years

# data[].attributes.subject
2/9/25 Charities and leading energy firm call for action as devastating 'fuel poverty gap' doubles in 5 years

# data[].attributes.attachment_link.title
Charities and leading energy firm call for action as devastating

# data[].attributes.attachment_link.description
A new report from 6 major charities and a leading energy supplier has warned that Disabled people and millions on low incomes are facing deepening fuel poverty.

# data[].attributes.headline
26/8/25 Into Perspective: Why must disabled people’s views be at the heart of welfare reform?

# data[].attributes.subject
26/8/25 Into Perspective: Why must disabled people’s views be at the heart of welfare reform?

# data[].attributes.attachment_link.title
Into Perspective: Why must disabled people’s views be at the heart of welfare reform?

# data[].attributes.attachment_link.description
In this issue’s Into Perspective, CMM looks at why the lived experience of disabled people should be at the heart of welfare reform.

# data[].attributes.headline
21/7/25 Disabled people warn of brutal 'secret' cuts to DWP Access to Work support: 'It's been horrific'

# data[].attributes.subject
21/7/25 Disabled people warn of brutal 'secret' cuts to DWP Access to Work support: 'It's been horrific'

# data[].attributes.attachment_link.title
Disabled people warn of brutal ‘secret’ cuts to DWP work grants

# data[].attributes.attachment_link.description
DWP whistleblowers have reported Access to Work funding has been slashed by 60% to 70%, leaving disabled people struggling to stay in work.

# data[].attributes.headline
15/7/25 Further details on welfare reforms published ahead of Second Reading

# data[].attributes.subject
15/7/25 Further details on welfare reforms published ahead of Second Reading

# data[].attributes.attachment_link.title
Further details on welfare reforms published ahead of Second Reading

# data[].attributes.attachment_link.description
New details on the Government’s welfare reforms will be published today (Monday 30 June 2025) ahead of Second Reading of the Universal Credit and Personal Independence Payment Bill on Tuesday.

# data[].attributes.headline
19/5/25 Disability confident newsletter including events

# data[].attributes.subject
19/5/25 Disability confident newsletter including events

# data[].attributes.attachment_link.title
Disability Confident Newsletter - May 2025

# data[].attributes.headline
13/5/25 Positivity and innovation – the wisdom from the Disability Smart Awards 2025

# data[].attributes.subject
13/5/25 Positivity and innovation – the wisdom from the Disability Smart Awards 2025

# data[].attributes.attachment_link.readable_text
Val Proctor, Media Relations Officer at Business Disability Forum (BDF), reflects on the impact of the Disability Smart Awards 2025, sponsored by Freshfields, on 29 April.

Hosts Diane Lightfoot, BDF's CEO, and Simon Minty, BDF ambassador, disability trainer and TV personality, closed last week's Disability Smart Awards 2025 on a high note by chatting about their highlights from this year's finalists and winners.

For me, at my first Disability Smart Awards event (and indeed, my first major BDF event after only a month in post), there were two bits that stood out. The first was my chat with the co-owner of a small butchers' business in rural Essex. He had a stroke about six years ago and assumed he would get back to full health. However, he soon realised that "most people can't do everything, so it's learning what you can do well and what you can't do so well and relying on family to help. Despite having a disability, I'm still happy and that helps me".

The second sentiment is that it is important to remember that "ability" is a big part of "disability". I don't have direct lived experience of disability but these two sentiments, in particular, really resonated with me as it demonstrates how those who live with a disability can achieve whatever they aim for. The resilience, positivity and general can-do attitude in that auditorium on the 22nd floor in Central London was a joy to behold.

When winners were announced, there were squeals of excitement, loud applause and just a general feel-good attitude among everyone who was there. The rapport between Diane and Simon as hosts was so natural, the jokes flowed unforced (and were greeted with much laughter), the canapes were incredible (thanks for the waiting staff who organised a special tray for those working backstage doing video work!), and the views amazing.

The feelings of one winner, RNIB, echoed many others: "We are on cloud nine after winning this award," while someone else felt that the awards are a fundamentally important recognition and signal of the value of disabled people and their hugely important value to the UK. These feelings were evident among judges, finalists and winners alike.

One of the winners, RNIB:

"We are on cloud nine after winning this award!"

Huge kudos to the events and marketing teams for pulling off such a seamless and professional event. As one of the BDF staff, who was attending his eighth awards ceremony, said to me afterwards, they have taken on a whole new meaning in recent years and, this year, he felt small organisations were being particularly recognised alongside larger ones. It just goes to show that, whether you're a three-person SME or a global conglomerate with thousands of employees, you can make a huge difference to ensuring life is inclusive for all.

Check out our Disability Smart Awards 2025 page to find out more about all of this year's finalists and winning entries and to get some inspiration for your business.

# data[].attributes.attachment_link.title
Winners of Disability Smart Awards 2025 announced

# data[].attributes.attachment_link.description
Winners of the Disability Smart Awards 2025 have been announced! Read about the winners and their winning projects.

# data[].attributes.headline
13/5/25 Lack of reasonable adjustments ‘holding disabled people back’ at work, TUC says

# data[].attributes.subject
13/5/25 Lack of reasonable adjustments ‘holding disabled people back’ at work, TUC says

# data[].attributes.attachment_link.title
Lack of reasonable adjustments ‘holding disabled people back’ at work, TUC says

# data[].attributes.attachment_link.description
The warning comes as new survey from the union body reveals that over eight in ten (82%) disabled workers had to wait between 4 months and over a year to have their agreed reasonable adjustments put in place. And the research shows that over half of disabled workers (over 55%) don’t have their reasonable adjustment requests met at all or only have them partially met.

# data[].attributes.headline
14/4/25 Government changes to Welfare Benefits - March 25

# data[].attributes.subject
14/4/25 Government changes to Welfare Benefits - March 25

# data[].attributes.attachment_link.title
Government changes to Welfare Benefits - March 25

# data[].attributes.attachment_link.description
Perennial is the UK’s only charity dedicated to helping people in horticulture.

# data[].attributes.attachment_link.title
Minister suggests cuts are coming to Access to Work scheme

# data[].attributes.attachment_link.description
Ministers appear to be set to announce cuts to a flagship disability employment scheme, just as the government is trying to push more disabled people towards the workplace. Sir Stephen Timms (pictu…

# data[].attributes.headline
Nottingham City Learner Support Padlet (school based)

# data[].attributes.subject
Nottingham City Learner Support Padlet (school based)

# data[].attributes.headline
10/2/25 Disability and neurodiversity e-module 

# data[].attributes.subject
10/2/25 Disability and neurodiversity e-module 

# data[].attributes.attachment_link.description
More than 5,000 colleagues disclosed a disability in our most recent colleague survey. We also potentially serve around six million customers affected by disability or long term health conditions.

# data[].attributes.headline
10/12/25 Opinion: Inspiring action and change for disabled workers

# data[].attributes.subject
10/12/25 Opinion: Inspiring action and change for disabled workers

# data[].attributes.attachment_link.title
Opinion: Inspiring action and change for disabled workers | Article, News | News | UNISON National

# data[].attributes.attachment_link.description
UK Disability History Month helps to recognise the valuable role disabled people play at work and in society

# data[].attributes.attachment_link.title
Free Mental Health Courses Online | Mental Health Courses

# data[].attributes.attachment_link.description
Learn, develop, and support others via free mental health courses online. Accredited, UK Government-funded mental health qualifications with certificates.

# data[].attributes.attachment_link.description
This course is for people who are responsible for employee wellbeing in their organisation, focusing on how employee wellbeing is valuable.

# data[].attributes.headline
10/12/24 Supporting Mental Health at Work 

# data[].attributes.subject
10/12/24 Supporting Mental Health at Work 

# data[].attributes.attachment_link.description
Why it's important to take good mental health seriously at work.

# data[].attributes.headline
9/10/24 This free module is aimed at managers looking to adapt their management approach towards supporting employees with ADHD

# data[].attributes.subject
9/10/24 This free module is aimed at managers looking to adapt their management approach towards supporting employees with ADHD

# data[].attributes.attachment_link.readable_text
This module is aimed at managers looking to adapt their management approach towards supporting employees with ADHD.

Here you can explore reasonable adjustments based on your employee's needs and create a more neuro-inclusive working environment.

This module will take approximately 25 minutes to complete.

View our neuro-inclusion packages and pricing.

# data[].attributes.attachment_link.title
Manager Responsibilities for Reasonable Adjustments: ADHD

# data[].attributes.attachment_link.description
Explore reasonable adjustments based on your employee's needs and create a more neuro-inclusive working environment.

# data[].attributes.attachment_link.provider_name
Learning Disability Today - Supporting professionals working in learning disability and autism services

# data[].attributes.attachment_link.title
Four in five people with complex disabilities at increased risk of illness due to lack of exercise

# data[].attributes.attachment_link.description
New research from the disability charity Sense has revealed that 1.3 million people with complex disabilities in the UK are not active enough to be healthy.

# data[].attributes.attachment_link.readable_text
An international report on employment and the workforce has found that employees who are disabled are less happy across the board than non-disabled employees.

Similarly to last year, the annual WorkL Global Workforce Report 2024 paints a picture of a 'disability workplace divide'.

The report, which uses data from over 60,000 organisations across the UK, Ireland, the USA, Australia and New Zealand, found that people with disabilities are more likely to want to leave their jobs, they are at heightened risk of poor wellbeing, and have the lowest levels of confidence in management compared to other groups.

UK lagging behind other high-income countries

While wellbeing scores have improved this year overall, the report has found that disabled people are more likely to be at risk of poor wellbeing at work (known as 'Wellbeing Risk').

The Wellbeing Risk for disabled people currently sits at 36%, 5 percentage points above the global average of 31%. In the UK, wellbeing risk is even higher at 38%, compared to the national average of 33%.

Confidence in management is key for employee's happiness at work, but the UK also has the lowest confidence in management score of 67% for disabled people. The global confidence in management score is 71%.

Disabled people living in the UK were also found to be more likely to want to leave their job (known as Flight Risk) compared to non-disabled people (37% vs 28% respectively). However, the report notes that disabled people may also find it more difficult to leave their job than those who are non-disabled.

Employers must 'shift the dial'

Commenting on the report's findings, Lord Mark Price, the Founder of WorkL, said: "This snapshot of the state of the world's workforce is intended to inform and inspire organisations to understand how they can better motivate their employees. Headlines from our annual global report underline the need for employers to support minority employees better. The ongoing struggle people with disabilities face in the workplace is all too apparent in our data.

"This report paints a picture of a workforce with a 'disability workplace divide': people with disabilities suffer a high flight risk, meaning they're more likely to want to leave their jobs than people without disabilities. Similarly, we are also seeing risk to their wellbeing and they have the lowest score when it comes to their confidence in management."

Paralympian Baroness Tanni Grey-Thompson is now calling for employers to 'shift the dial' when it comes to creating fair and equal workspaces. She says despite the prevailing narrative that the world is now more accessible for disabled people, they are still coming up against a variety of barriers both in and outside the workplace.

She said: "One of the things I feel very strongly about, and it's probably rich coming from me as a Paralympian and an ex-athlete, is when people tell me 2012 changed the world. The Olympics in 2012 were stunning but they did not change the world for disabled people in any way shape or form. The South Bank in London is a bit more accessible and we now have lifts at Kings Cross and Green Park, and a few other things, but the reality is only a third of London's tube stations are accessible.

"Whilst it's important that we talk about employment, we have to think not just about disabled people, but the social model of disability and impairment and actually ask ourselves: 'What are companies doing?' [We need them] not just to open their doors but to really shift the dial."

# data[].attributes.attachment_link.title
New employment report highlights 'disability workplace divide'

# data[].attributes.attachment_link.description
An international report on employment and the workforce has found that employees who are disabled are less happy across the board than non-disabled employees.

# data[].attributes.headline
29.1.24 Access to Work Mental Health Support

# data[].attributes.subject
29.1.24 Access to Work Mental Health Support

# data[].attributes.attachment_link.readable_text
Frequently asked questions

As an employer, how will our organisation benefit?

Your organisation will benefit from having a more productive, engaged and resilient workforce. Your employees can be signposted towards the Access to Work Mental Health Support Service where they can receive easy-to-access, confidential, one-to-one support to improve their wellbeing and help them to remain in work. To learn more about how the service can support your organisation you can join one of our monthly webinars.

about the difference the service has made to individuals and businesses.

How do employers promote this service to their employees?

We are happy to support you in promoting the service to your employees. You can register for access to our employer toolkit which contains resources to raise awareness of this service among your line managers, HR teams and employees.

We also have a dedicated Partnerships team who can help you to understand and embed the Access to Work Mental Health Support in your organisation.

How does the service differ to an Employer Assistance Programme (EAP) or Occupational Health (OH) service?

The Access to Work Mental Health Support Service offers non-clinical work-focused mental health support, to allow employees to perform well in their role while managing the symptoms of their mental health condition. It is available to anyone in employment and will complement an existing EAP or OH service.

How it differs from EAP and OH services that many employers provide:

Confidential support from a vocational rehabilitation consultant for nine months, offering longer term support than EAP and OH services.

Coping strategies to allow employees to effectively undertake their role in the workplace and to manage the symptoms of their mental health condition at work.

No formal diagnosis is required to access the support.

Effective workplace adjustments with employee consent; this could include meeting employers face-to-face.

Available to anyone in employment including those who are self-employed, contractors and apprentices.

I am an employee, what do I do?

If your mental health is affecting your work, the Access to Work Mental Health Support Service is here for you.

We can help you manage conditions such as anxiety, depression and stress, so that you feel happier and healthier in your role. Find out more about our employee support .

*Mind / Federation of Small Businesses

**HR Solutions survey

# data[].attributes.attachment_link.title
Employers | Access to Work Mental Health Support Service

# data[].attributes.attachment_link.description
Supporting mental health in the workplace really matters, and we can help employers with this no-cost service.

# data[].attributes.attachment_link.readable_text
Overview

Access to Work is a publicly funded employment support grant scheme that aims to support disabled people start or stay in work. It can provide practical and financial support for people who have a disability or physical or mental health condition. Support can be provided where someone needs support or adaptations beyond reasonable adjustments.

An Access to Work grant can pay for practical support to enable your employee to start or stay in work, or to support you if you are self-employed. The Channel Islands and the Isle of Man are not covered by Access to Work and there is a different service in Northern Ireland.

Access to Work can be used for flexible working arrangements, such as hybrid working. This can include:

support to work from more than one location

support for working at home for all or part of your time

How can it help me?

Access to Work can support you to:

hire disabled people with the skills you need

retain an employee who develops a disability or health condition (keeping their valuable skills and saving both time and money recruiting a replacement)

show that you value and will support your employees by having good employment policies and practices

Your employee can get support with the extra costs of working they may have because of their disability or health condition, for example:

aid and equipment in the workplace

adapting equipment to make it easier for them to use

money towards any extra travel costs to and from work if they can't use available public transport

money towards any extra travel costs for travel costs within work

an interpreter or other support at a job interview where there are difficulties in communicating

a wide variety of support workers

the Access to Work Mental Health Support Service

other practical help at work, such as a job coach or a sign language interpreter

If your staff member has a mental health condition, they will be offered assistance to develop a support plan. This may include steps to support them remaining in or returning to work and suggestions for reasonable adjustments in the workplace.

Examples of assistance to develop a support plan:

flexible working patterns to accommodate changes in mood and impact of medication

providing a mentor to give additional support at work

arranging additional time to complete certain tasks

providing additional training

regular meetings between you and your employee to talk about their concerns

a phased return to work, such as reduced hours or less days

Access to Work does not provide the support itself, but provides a grant to reimburse the agreed cost of the support that is needed.

Mental Health Support Service

The Access to Work Mental Health Support Service:

gives advice and guidance to help employers understand mental ill health and how they can support employees

offers eligible people an assessment to find out their needs at work and develop a support plan

Who can get Access to Work

To be eligible for support, a person must:

have a disability or health condition that means they need an aid, adaptation or financial or human support to do their job

have a mental health condition and need support in work

be 16 or over

be in, or about to start, paid employment (including self-employment)

normally resident in, and working in, England, Scotland or Wales - there is a different system in Northern Ireland

not be claiming Incapacity Benefit or Employment Support Allowance once they are in work

However, they may get it for a limited time if they are doing certain types of 'permitted work' to help them move off benefits completely.

If the person is a civil servant, their employer will provide support instead of Access to Work.

Their condition

If their disability or health condition affects their ability to do the job or they have to pay work-related costs. For example, special computer equipment or extra travel costs because they can't use public transport.

If an employee has a mental health condition that affects their ability to do the job, and support is required to:

start a new job

reduce absence from work

stay in work

Universal Credit

Universal Credit is a single benefit paid to those in or out of employment. If your employee is claiming Universal Credit and has a disability or health condition, they will be able to apply for Access to Work for any paid work they do.

Changing jobs

If an individual changes employer, they may be able to transfer equipment to their new employer, but they cannot automatically transfer awards for support workers or travel - they would need to contact the Access to Work team to discuss their new arrangements.

Working out of the country

If you have a member of staff whose job is normally based in England, Scotland or Wales, but you ask them to travel out of the country as part of their duties, Access to Work support may be available, but any support may be limited.

Supported internships/traineeships

Young people who start a work placement with an employer as part of the Department for Education supported internship programme or a traineeship will be able to apply for Access to Work support for the time of their work placement only.

Access to Work will fund additional travel, job coach and other support, including costs of equipment if appropriate, and promote the smooth transition into paid employment.

No other types of unpaid internships/traineeships will qualify for Access to Work support.

Members of the clergy

Applications from members of the clergy, no matter what their religious denomination is, can be accepted. However, they must be in paid employment, for example, Church of England clergy receive a salary or stipend whereas some other religious denominations work in a different way.

Company directors

Company directors can apply to get Access to Work support. However, they must prove that the company is registered with Companies House in Cardiff.

How much will this cost me?

As an employer, you may have to share the cost with Access to Work if the person has been working for you for more than 6 weeks when they apply for Access to Work.

You will only have to share the cost for:

special aids and equipment

adaptations to premises or equipment

Cost share does not apply to self-employed applicants or to the Mental Health Support Service.

How much will the grant be for?

Access to Work will consider paying grants of up to 100% for:

self-employed people

people who have been working for less than 6 weeks when they first apply for Access to Work

the Mental Health Support Service

support workers

additional travel to work and travel in work costs

communication support at interviews

The level of grant will depend on:

whether the person is employed or self-employed

how long they have been in their job

the type of help required

When cost sharing applies, Access to Work will refund up to 80% of the approved costs between a threshold and £10,000. As the employer, you will contribute 100% of costs up to the threshold level and 20% of the costs between the threshold and £10,000.

The amount of the threshold is determined by the number of employees you have.

Any balance above £10,000 will normally be met by Access to Work.

If the support also provides a general business benefit, a contribution will be sought in addition to any compulsory cost share.

Maximum amount of grants

Access to Work grants awarded on or after 1 October 2015 are capped. The amount of the cap depends on when the grant was awarded or reviewed.

Access to Work grants awarded before 1 October 2015 are not capped. They will be capped from 1 April 2018.

How someone can claim

Your employee can apply for Access to Work if they need support to get them back to work.

Apply by phone

They can also apply by phoning the Access to Work helpline on:

Relay UK (if you cannot hear or speak on the phone): 18001 then 0800 121 7479

Monday to Friday, 9am to 5pm.
Find out about call charges
British Sign Language (BSL) video relay service

British Sign Language ( BSL) video relay service if you're on a computer - find out how to use the service on mobile or tablet

Monday to Friday, 9am to 5pm.

Further information

Your employee will be asked what support they need when they apply, Access to Work will also contact you for more information.

When your employee contacts the Access to Work team, they may need:

their National Insurance number

the workplace address, including postcode

the name, email address and work phone number of a workplace contact, for example their manager or yourself

a unique tax reference number (if self-employed)

the name of their New Enterprise Allowance mentor (if they have one)

How we can communicate with you

If you find it hard to read our letters, complete our forms or use a phone we have many different ways we can communicate with you.

If you would like us to communicate with you by braille, British Sign Language, a hearing loop, translations, large print, audio, email or something else please contact us.

You can contact us Monday to Friday, 9am to 5pm by:

Relay UK (if you cannot hear or speak on the phone): 18001 then 0800 121 7479

Monday to Friday, 9am to 5pm
Find out about call charges
Or write to us at:

Find more information about getting help with benefits and pensions if you have accessibility needs.

After making an application

Assessments

After your employee makes an application for Access to Work, a case manager will contact you and your employee to discuss what help might be available. Your employee may need an assessment of the workplace to assess their needs.

If your employee knows what support is needed, they do not need to have an assessment. An Access to Work case manager will discuss the award with you and your employee to develop a tailored package of support.

If your employee needs to have an assessment, it will be carried out by telephone, an online video call or in person within the workplace.

If your employee cannot use the telephone or video call, contact the organisation that is arranging the assessment to agree another way to have the assessment. This could be through an online British Sign Language ( BSL) interpreting service or an online video service.

If your employee needs to rearrange or cancel an assessment, contact the organisation that has arranged the assessment with your employee.

Support workers

Your employee can continue to use their existing support worker while working from home.

If your employee needs to cancel a support worker at short notice and are charged a fee, Access to Work may be able to meet those costs.

Interpreters

If your employee uses a BSL interpreter and they cannot visit their home, Access to Work could help pay for an online BSL interpreting service.

Your employee needs to tell Access to Work if they change the type of support they are using. For example, if your employee starts using an online interpreting service instead of a BSL support worker.

If your employee's interpreter can provide interpreting services online, they can still be paid for this. Access to Work will not be able to pay for any travel time, if they are not travelling to support your employee.

If your employee's support worker cannot support them at the moment

If your employee's support worker cannot support them because they are sick, your employee may still be able to claim payment for them. Your employee's Access to Work award will need to include payment for their support worker while they are off sick.

Your employee cannot get support from Access to Work to pay for their support worker if they are sick but payment for their sickness is not included in your employee's Access to Work award. They may be able to claim Statutory Sick Pay, Employment and Support Allowance or Universal Credit.

Travel costs

Access to Work can only pay towards travel costs needed because of your employee's disability or health condition.

If your employee is no longer travelling to work, your employee should not claim for any travel support. Your employee can start receiving support towards travel when they start travelling to work again.

Claiming for costs

Your employee has 9 months to claim for costs.

Supported internships

If your employee is on a Department for Education supported internship, Access to Work can continue to provide support for any work-related support they need. It cannot fund any educational support your employee needs.

If your employees support needs change

If the support your employee needs has changed, for example because they have started to work from home and need extra support, they need to tell Access to Work.

To report a change, your employee needs to contact the Access to Work helpline.

An Access to Work case manager will discuss working from home with you and your employee to understand what support is needed. If they cannot identify the support needed, they will put your employee in touch with a workplace assessor. They will work with you and your employee to recommend how to overcome the in work barriers.

Your employee will need to continue reporting any changes to their circumstances because the amount of their grant award may be affected.

If your employee needs extra support but have reached or have nearly reached the maximum amount of the grant awarded, they will need to speak to an Access to Work case manager. Your employee can continue to get a grant of up to £66,000 a year. If your employee has not yet spent all the award, an Access to Work case manager can work with them to agree how to spend the rest of the money.

Reconsideration, review and complaints procedure

What if your employee does not agree with the level of their award?

Access to Work is decided on a case to case level and the amount awarded is based on discussions with you and with your employee. This means that it is not possible to appeal against the level of an award.

However, the Access to Work scheme does have a reconsideration policy. Everybody is entitled to one reconsideration of an award by a different Access to Work case manager. Please ask your employee to use the contact details at the top of their award letter if they want to arrange this.

What if things change?

If your employee's job role has changed, they can ask for their award to be reviewed. This can take place as many times as their situation changes, and they will still be able to get their award looked at again if they do not agree with the level of the reviewed award.

How do I or my employee complain?

Not agreeing with the level of the award and the results of reconsideration does not, on its own, give enough reason for a complaint. However, if you or your employee have had poor customer service or think the Access to Work claim has not been handled correctly, a complaint can be made using our complaints procedure.

This factsheet gives general information only and is not a complete and authoritative statement of the law.

Renewals

Access to Work will contact your employee 12 weeks before their support is due to end. If your employee would like support to continue, your employee will need to apply to renew it.

This factsheet gives general information only and is not a complete and authoritative statement of the law.

# data[].attributes.attachment_link.description
Access to Work is a publicly funded employment support grant scheme that aims to support disabled people start or stay in work. It can provide practical and financial support for people who have a disability or physical or mental health condition. Support can be provided where someone needs support or adaptations beyond reasonable adjustments.

# data[].attributes.attachment_link.readable_text
The government has quietly scrapped a scheme designed to help disabled people and vulnerable individuals find jobs, despite the push to get more people on welfare benefits into employment.
The £100m Work and Health Programme in England and Wales is set to end later this year, The Observer has reported. The scheme helps disabled people, ex-armed forces personnel, care leavers, victims of domestic violence and other vulnerable people find work by matching their skills to available jobs, putting them in touch with employers, accessing training and supporting them to manage health conditions that can affect their work.

The news came despite the announcement of plans to overhaul the fit note system to shift its focus on the work people can do, rather than what they cannot.

Prime minister Rishi Sunak has also announced a consultation on the future of the personal independence payment (PIP), which helps cover the extra costs of living with a disability or ill health.

According to The Observer, providers offering support under the Work and Health Programme have been told it will end in the autumn.

Elizabeth Taylor, chief executive of Employment Related Services Association, which represents providers, told the paper that scrapping scheme would leave "a big gap in provision", as new programmes would not help as many disabled people and some would be offered no support at all.

She said that Universal Support, a scheme that was announced last year and designed to support up to 25,000 people facing complex barriers into work, would not be taken nationwide until the summer of 2025.

"When this is put in the context of rising numbers on health-related benefits, greater expectations on people to find work and labour market shortages, it is alarming," she said.

Natasha Kearslake, director of HR consultancy Organic P&O Solutions, said: "Scrapping the Work and Health Programme while announcing plans to force more disabled people into work through benefit cuts is a clear sign that this government is cutting thousands of people adrift.

"Axing a major scheme that helped 300,000 disabled people into work over six years leaves a gaping hole in vital assistance for vulnerable workers. Slashing support without providing any replacement undermines efforts towards improving disability inclusion in the workforce.

"Instead of penalising disabled people with the threat of lost benefits, a more productive strategy could include subsidised workplace assistance programmes, or incentivising inclusive hiring practices. Forcing people into unsuitable jobs through benefit cuts is not workforce inclusion. It increases disability discrimination and results in unmotivated employees and lower retention.

"The government needs to think again and work on a holistic system that prepares disabled candidates for work, while incentivising employers to tap into this underutilised talent pool."

A Department for Work and Pensions spokesperson said: "The Work and Health Programme is part of a much wider offer to help people with disabilities and long-term health conditions start, stay and succeed in work.

"Our £2.5 billion Back to Work Plan will help over a million people, including those with disabilities and long-term health conditions, to break down barriers to work."

HR Director opportunities on Personnel Today

# data[].attributes.attachment_link.title
Job support programme for disabled people quietly scrapped

# data[].attributes.attachment_link.description
The government has quietly scrapped a scheme designed to help disabled people and vulnerable individuals find jobs

# data[].attributes.attachment_link.readable_text
Our SEND service is one of our most complex and sensitive areas of work and each child's case is different with some requiring a formal education, health and care plan (EHCP).

EHCPs set out the amount and type of support children and young people with special educational needs and, or disabilities need.

Each one is tailor-made which is why it can take time to reach an agreement between parents or carers, the school and us to get every plan just right for that particular child's unique requirements.

We work directly with parents who may have concerns about their child's specific care plan to resolve any issues and continue to work with parents to try to achieve agreement wherever possible.

Our position reflects the national picture and the challenge many other councils are facing where the number of children with EHCPs has been increasing annually since 2014 but we're committed to working with families to secure the best possible future for all our children.

We're always looking to improve our services which is why we are currently undertaking a SEND review which we've invited every parent to take part in.

Their feedback will help us plan ahead and continue to improve our services to ensure children and young people remain at the heart of everything we do.

You can find out more information and guidance on applying for an EHCP on Derbyshire's Local Offer which includes templates, referral forms and an overview on the process.

# data[].attributes.attachment_link.title
Special Educational Needs and Disabilities Service (SEND)

# data[].attributes.attachment_link.description
Our Special Educational Needs and Disabilities Service service is one of our most complex and sensitive areas of work and each child's case is different.

# data[].attributes.attachment_link.readable_text
Tel: 0115 876 4300

A child has special educational needs if they have learning difficulties or a disability that needs special educational provision. In most cases the special provision that is needed can be made within a mainstream school. For some children and young people with the most complex needs, they may need extra or more specialised help.

The Special Educational Needs and Disability Code of Practice (0-25 years) 2015 states that:

"A child or young person has SEN if they have a learning difficulty or disability which calls for special educational provision to be made for him or her.

A child of compulsory school age has a learning difficulty or disability if he or she:

Has a significantly greater difficulty in learning than the majority of others of the same age; or

Has a disability which prevents or hinders him or her from making use of educational facilities of a kind generally provided for others of the same age in mainstream schools or post 16 institutions

A child under compulsory school age has SEN if he or she is likely to fall within the definition above when they reach compulsory school age or would do so if special educational provision was not made for them.

Many children and young people who have SEN may have a disability under the Equality Act 2010 - that is '... a physical or mental impairment which has a long term and substantial adverse effect on their ability to carry out normal day to day activities'".

This definition includes children and young people with long term medical conditions such as asthma, diabetes, epilepsy and cancer. Children and young people with such conditions do not necessarily have SEN but where a child requires special educational provision over and above the adjustments, aids and services required by the Equality Act 2010, they will additionally be covered by the SEND definition.

Schools must also have regard to statutory guidance re supporting pupils with medical conditions (DfE 2014).

When your health visitor or doctor makes a routine check, they might suggest that there could be a problem. If you have any worries, you should talk to your health visitor or family doctor.

At school, there will be a teacher called a Special Educational Needs Coordinator (SENCO), who is responsible for planning the provision made for individual children with SEN.

If you are concerned that your child may not be receiving the support they need, you should talk initially to your child's teacher or the SENCO. You will be able to talk over your concerns, find out what the school thinks, and what happens next.

Working together with your child's teachers will often help to sort out worries and problems. The closer you work with your child's teachers, the more successful any help for your child can be.

Information about how the provision supports pupils with special educational needs must be made available in their SEN Policy.

Schools and other settings in Nottingham use a Graduated Approach to SEN Support, using a range of strategies and support depending on the needs of the individual.

The school or setting has the responsibility to involve parents in the planning for and meeting of their child's special educational needs.

For most children and young people, the SEN Support provided for them within the school or setting will be enough the meet their needs.

For a small number of children and young people (those with complex SEN and disabilities that need more intensive specialist support) an Education, Health &Care (EHC) Plan may be needed.

Only a very small percentage of children and young people with SEN require an EHC plan.

An EHC plan is a detailed plan that brings a child/young person's educational, health and care needs together into a single legal document. It is created by the local authority, based on specialist advice along with input from the parents or carers and the child or young person themselves.

More information on EHC needs assessments in Nottingham, along with how to request one, is available on the related page Education, Health & Care (EHC) Needs Assessments & Plans

Children and young people can only be educated in a special school if it is named in their EHC plan.

However, an EHC plan does not necessarily mean a special school is best suited: many children and young people with an EHC plan can be successfully supported in a mainstream school or college.

0115 876 4300
Graduated Approach to SEN

# data[].attributes.attachment_link.description
Supporting children and young people with special educational needs to get the most out of school life.

# data[].attributes.attachment_link.title
‘Dangerous’ rollout of universal credit ‘poses threat’ to disabled claimants

# data[].attributes.attachment_link.description
The “dangerous” rollout of universal credit to half a million more claimants is a potential threat to the “safety and well-being” of disabled people who currently rely on so-called “legacy” benefit…

# data[].attributes.attachment_link.title
240320 Reasonable adjustments and learners with SEND

# data[].attributes.attachment_link.readable_text
Your employer might have to make adjustments to help you do your job as well as someone without a disability. The Equality Act 2010 calls these 'reasonable adjustments'. They can be changes to policies, working practices or physical layouts, or providing extra equipment or support.

The adjustments have to be 'reasonable'. What's reasonable for your employer to do depends on your situation - like the size of the organisation you work for.

Your employer should pay for any adjustments - they shouldn't ask you to pay.

If your employer doesn't make the adjustments they have a duty to make, it could be discrimination. You might be able to complain or take them to an employment tribunal to get what you need.

You can also complain if you realised there were adjustments your former employer could have made which might have helped you stay in the job.

You can check if you're disabled under the Equality Act if you're not sure if your disability is covered.

Your employer will only have to make adjustments for some groups of workers - some self-employed people won't be covered. If your employer gives you paid holiday that's a good sign that you're covered. If you're not sure, check if you're covered.

If you're an agency or contract worker

If you're an agency or contract worker, you're employed by one company but carry out your work for another. Both companies might need to make adjustments for you under the law.

Example

Safina has a visual impairment. She's signed up with an employment agency to find administrative work.

She'll usually have to use a computer wherever she works so the agency would be responsible for making sure she has any software or other equipment she needs (if it's reasonable for them to provide it). The company she's placed with is responsible for making any changes needed so she can use that equipment with their systems.

Whether it's reasonable for the agency or that company to make those changes will depend, amongst other things, on how long Safina is likely to be working there.

If you're not sure if you're employed by your agency or you're a contract worker, get specialist help so you know who you can ask.

Check if your employer has to make adjustments

Your employer might have to make adjustments for you if you're at a substantial disadvantage compared to people who don't have a disability because of:

a rule, practice or other working arrangement - the law calls this a 'provision, criterion or practice'

a physical feature of your workplace - for example adding a wheelchair ramp if you can't use the steps

not having extra equipment or help - the law calls this an 'auxiliary aid'

A 'provision, criterion or practice' at work could include something in your employment contract or how your employer does things at work. This could be the hours you have to work, your work duties, the targets you have to meet or your employer's rules about sick leave.

A 'physical feature' could include the stairs at work, the lighting in the workplace, the toilets or the desk and chair you have to use.

An 'auxiliary aid' could include computer software for a blind person, a support worker for an autistic person, or visual fire alarms so that a deaf person can get out of the building safely in an emergency.

Check your disadvantage is 'substantial' compared to people who aren't disabled

You'll need to show that you're at a 'substantial disadvantage' before your employer has to make any adjustments. This means being affected in a way which is more than 'minor or trivial'.

For example, if a daily task takes you an extra few minutes compared to others but doesn't cause you any pain or discomfort, it might be so minor that you won't need an adjustment. If it means you're missing your targets and could be given a warning then it would be more than 'minor or trivial'.

You'll need to show that someone without a disability would not be affected, or would be affected less than you, by the particular rule, feature or lack of equipment or support.

Check your employer knows about your disability

Your employer only has to make reasonable adjustments if they know or could reasonably be expected to know you're disabled - and that you're disadvantaged because of it.

If you're asking for adjustments

Make sure you tell your employer about your disability and how this affects you at work.

If your employer hasn't made adjustments and you want to take it further

You'll have to be able to show that they knew about your disability, or that they should reasonably have known, when they decided not to make the adjustments.

For example, if they had reports from your GP or if it should have been obvious to them that you had a disability from the difficulties you were having at work.

Check what you told your employer in your job application or any health questionnaires, and what you've told your manager, occupational health or the company doctor.

Work out what adjustments you need

You might have to say what adjustments you need depending on whether you're still working for your employer.

If you're still working for your employer and want to ask for changes

You don't have to say what adjustments you want but it would be a good idea to think of what would help you and explain how it would help. Ask if your employer has occupational health doctors they can ask for advice. They could also contact Access to Work or organisations which support people with your disability.

Try to work with your employer to come up with ideas - if no one can think of anything then they might not make any adjustments.

If your employer hasn't made adjustments and you want to make a tribunal claim

You should think of some adjustments your employer could have made. They might be things you asked for at the time or that you've thought of since. It doesn't matter if you didn't mention them to your employer at the time.

If you can't think of anything your employer could have done, you're unlikely to win a case. Your employer has to show they took reasonable steps to think of possible adjustments, so you can still win a case if you can't think of adjustments. The tribunal will ask you if you can think of any adjustments and your case will be stronger if you can.

An employer's duty to make reasonable adjustments is in section 20 of the Equality Act 2010. Section 21 says that if an employer fails to make a reasonable adjustment it's discrimination.

There's more information about reasonable adjustments in the Equality and Human Rights Commission (EHRC) Code of Practice on Employment, chapter 6.

Plan how to ask for the adjustments you need

This will depend on the type of adjustment you're asking for.

If you want your employer to change working arrangements

If your employer knows you're disabled, they have a duty to make changes to any working arrangements that disadvantage you. This includes a policy or working practice - called a 'provision, criterion and practice' in the Equality Act 2010.

All kinds of policies, procedures and ways of working are included - written or unwritten, formal or informal. They can include dress codes, working hours, working practices, recruitment policies, absence policies, promotion criteria, redundancy selection criteria and work allocation.

You need to be able to say:

which policy or procedure is causing you disadvantage at work

how that disadvantage is linked to your disability

what changes you think your employer should make to the policy or procedure

how that change will stop you being at a disadvantage

You'll need to compare the policy's impact on you with its impact on people who don't have a disability. If it puts you at a substantial disadvantage (that means it's more than minor or trivial), you then need to show that disadvantage is linked to your disability.

The next thing you need to do is to say what changes your employer should make. You'll need to ask yourself:

what adjustments your employer has already made

if they haven't worked, what other adjustments it would be reasonable for them to make

what adjustments you've suggested to your employer

if your employer made some adjustments but then stopped

Any adjustment should be made to suit you, taking into account your job, disability and the policy that's causing you problems. Check the EHRC Code of Practice on Employment for guidance on possible adjustments. You can also find examples of reasonable adjustments on the EHRC website.

Your GP or other doctor might have suggested adjustments in a 'fit note'. If you're claiming Universal Credit, your work coach might be in touch with the Disability Employment Adviser, who might also be able to make suggestions about possible adjustments.

If you want your employer to change a physical feature

Your employer has a duty to make a change to any physical feature which puts you at a substantial disadvantage compared to people who aren't disabled.

A physical feature could be the way in or out of a building, doorways, furnishings, steps, parking areas, gates or toilets. There are examples of physical features in the EHRC Code of Practice on Employment.

A reasonable adjustment could be a change to a physical feature - like adding a wheelchair ramp.

You need to be able to say:

which physical feature is causing you disadvantage at work

how that disadvantage is linked to your disability

what change you think your employer should make to the physical feature

how that change will stop you being at a disadvantage

If your employer needs consent from their landlord to change a physical feature, it's a reasonable adjustment for them to try to get that consent. If they can't get consent, you might need to seek specialist advice.

If you want your employer to provide you with extra equipment or support

Your employer has a duty to provide you with help or support if not doing so would put you at a substantial disadvantage compared to people who aren't disabled. This is called the duty to provide 'auxiliary aids'.

You need to be able to say clearly:

what kind of support and assistance you need

how you're at a disadvantage because your employer isn't providing that support or assistance

how that disadvantage is linked to your disability

what support and assistance you think your employer should provide

how that help will stop you being at a disadvantage

Examples of auxiliary aids include specialist equipment, a support worker or a sign language interpreter.

If you need an auxiliary aid to make information accessible, it will be a reasonable adjustment for your employer to ensure that information is provided to you in an accessible format - such as Braille or using screen-reader software.

Explain how you're disadvantaged

You need to be able to explain to your employer why you need the adjustments you're asking for. You should tell them why it's difficult for you to do your job compared to someone without your disability. The disadvantage has to be more than minor or trivial - the law calls this 'being put at a substantial' disadvantage'.

Example

Pete has a knee condition. His employer says that everyone has to be in the office by 9am. This causes him a disadvantage because his condition means he can no longer drive and he can't use public transport because it's overcrowded in peak time and standing is painful.

Pete could ask to change his working hours so he can travel out of rush hour when he can get a seat. This is likely to be a reasonable adjustment.

Check if the adjustment you want is 'reasonable'

Your employer has to take reasonable steps to avoid you being disadvantaged, or to provide an aid if you need one.

There's no definition of what's reasonable but it will depend on lots of factors, like how easy it would be to make the adjustment or your employer's resources - a large company might be expected to do more than a small family business, depending on the circumstances.

You should also consider:

if a particular change would prevent the disadvantage for you - the more likely it is to do that, the more likely it is to be reasonable

how practical it would be for your employer to make the change

the financial and other costs of making the change

how disruptive making the change would be

what financial or other help your employer has to make a change - like advice from Access to Work

Example

Liz has a condition which affects the nerves in her hand and wrist. She works as a records clerk at a hospital. She finds some parts of her job difficult - using a keyboard and mouse and filing paperwork.

She's asked her employer to:

provide her with dictation software to reduce the need to type

provide a special mouse and keyboard

reduce the amount of paperwork she has to handle

allow her to leave her desk for rest breaks in the morning and afternoon, which isn't usually allowed because staff have to be able to answer the phone

allow her to work from home once a week

All of these could be reasonable except the last - working from home won't prevent the difficulties that Liz has.

The cost of the special equipment will be a factor in deciding whether it's reasonable for the employer to provide it, but so will the size of the employer, the amount of money they have and if they can get funding from other sources. They can't ask you to pay for it.

If Liz is answering fewer calls and dealing with less paperwork these tasks have to be done by someone else. Her employer can consider who's able to do them and what impact the extra work will have on them when deciding if it's reasonable to make the other changes Liz has asked for.

There's no limit on the kind of changes employers have to make, but it could include:

changing hours of work, permanently or for a short while if you're going back to work after being off sick

changing your work duties - like reducing your workload if you have work-related stress

providing clear, written instructions to an autistic worker who finds it difficult to decide on the order in which to carry out tasks

giving a worker with back pain more rest breaks than other workers to allow them to stand and move away from their desk

If your employer's thinking of dismissing you because you've been off sick

If you're disabled and have been off sick because of your disability, your employer might have given you a warning or taken disciplinary action saying that they'll dismiss you if you can't do your job. Before they dismiss you, they have to consider making reasonable adjustments.

If your employer has dismissed you, or is thinking of dismissing you, because you've had too much sick leave, they're applying a 'provision, criterion or practice' that workers must have a certain level of attendance.

This places you at a substantial disadvantage compared to other employees who don't have your disability because your disability means you've been off sick more.

You can then argue that has put you at a substantial disadvantage compared to people who aren't disabled because your disability means you have been off sick and can't do your work like most people without a disability.

Your employer should make reasonable adjustments, which could mean:

making changes to your job so that you could return to do some of it

finding you a different job that you could do

Changes could include giving you lighter duties, making your hours shorter, changing your place of work - like allowing you to work at home or in a different office that's accessible or closer to home if travelling is difficult. These could be temporary or permanent changes, depending on whether you think you might be able to do your full job in the future.

Your employer doesn't have to create a job for you but if they have any other jobs available they should consider if you could do them. They could also reorganise some tasks so that you swap some duties with other workers.

If you need some training to do the job, it might be reasonable for them to retrain you, provided you'll be able to do the job after the training and depending on how long it would take and the cost. For example, it might be reasonable to offer a factory worker a vacancy in the office even if they'll need some training to do the job.

If you can't work at all, even with these adjustments, the only possible adjustment your employer can make is to wait to see whether your health improves so that you can go back to work in the future.

It might be reasonable for them to delay making a decision if you're having treatment - like if you're due to have an operation in 6 months' time, or you've just started new painkillers.

Asking for reasonable adjustments

Once your employer knows you're disabled, they have a duty to make reasonable adjustments for you if you need them. If they don't, you should write to them. Remember that you want to continue working there, so make sure your letter is polite and helpful - you're trying to work out the best solution together.

Explain your situation to your employer. You might also have to explain the law to them if you think they won't be aware of their legal obligations - like if they're a small employer or don't have an HR department.

You should say if you're asking for:

a change to a rule or way of doing things

a change to a physical feature

extra equipment or support - the law calls this an 'auxiliary aid'

You can end your letter by asking your employer to consider the adjustments and let you know in writing if they can't make them or ask them to have a meeting with you to discuss your request. Ask them to respond within a certain time - 7 to 14 days is usually reasonable depending on what you're asking for.

If you speak to your employer, keep a note of what you asked for and their response. If they agree to make a change within a certain time, make sure you follow up with them if they don't do it within that time.

If you're a member of a trade union, you could ask your union representative to help you make your request. If not, get help from an adviser if you need it.

Writing an informal letter

You could try writing an informal letter first. This is most likely to keep a good relationship with your employer. You're trying to get them to agree to your request without threatening them with legal action.

Your letter doesn't have to follow a set format, but it should:

give your employer enough information about your condition for them to understand that you are, or could be, disabled

make it clear that your condition has lasted, or is likely to last, at least 12 months and that its effect on your day-to-day life is more than minor or trivial

say what's causing you a problem at work and how that could be addressed - list any solutions you can think of

Example

Dear Simon

I'd like to discuss problems I've had at work recently which are related to my health. I'd like to arrange a meeting to discuss these with you.

I have arthritis in my back and have had this for the past year. My doctor said it's not likely to clear up any time soon.

The arthritis affects my ability to do my job as I can't sit at a desk for long periods of time.

I think it would help if you could get me an adjustable desk so that I can stand up to do my work.

I'd really like to discuss this with you further, please can we meet for half an hour or so next week?

Yours sincerely

Owen

Writing a more formal letter

You might need to write a more formal letter if you:

have already spoken to your employer but without success

need adjustments to be made urgently

work for a large employer who's used to dealing with such requests

Example

Dear Mr Kaplan

I'm writing to request that you make reasonable adjustments for my disability.

You'll remember we spoke a month ago about the changes I need to help me do my job. Since then, nothing's happened.

As you know, I have a disability as defined by the Equality Act 2010. You're aware that I have arthritis in my back and that I can't sit for long periods of time.

My job involves a lot of sitting at a desk. I have to take a lot of breaks to stand up or walk around to ease the pain if I've been sitting down for too long. This means it takes me longer to get work done.

As my employer, you have a duty under section 20 of the Equality Act 2010 to make reasonable adjustments where the lack of an auxiliary aid causes me a substantial disadvantage due to my disability.

Failing to make reasonable adjustments is against the law and amounts to disability discrimination.

I believe you can make an adjustment by providing me with an adjustable desk so that I can stand up to do my work. Without one, I'll still be at a disadvantage compared to someone who isn't disabled.

I'm asking you to make this change to help me with my disability so that I can do my job. If you feel you can't do this, please respond to this letter to explain why.

I look forward to receiving your response within 14 days.

Yours sincerely

Owen Johnson

If you're not sure what changes to ask for

Check for charities or organisations which help people with your disability. You could also contact Access to Work for advice. Your employer can also ask them for advice and financial assistance with making adjustments for you.

You can also find guidance on possible adjustments in the EHRC Code of Practice on employment or the guide on workplace adjustments on the EHRC website.

If you're a member of a trade union, ask your union representative what changes have been made for others.

If your employer doesn't make the adjustments you need

If you think your employer's decision is unfair or they don't make the adjustments they said they would, you can write to them again if they've told you why they won't make the adjustments and you can think of a way to overcome their objection.

Most adjustments are free or relatively cheap to make. If your employer says it's too expensive to make the adjustment, tell them they might be able to get help from Access to Work. You can also suggest they look for charities or organisations for people with your condition that might be able to offer a grant to help.

If you're an employee who's worked for your employer for more than 26 weeks, you have a right to ask for flexible working. Read more about flexible working.

You could also take time off for medical appointments.

If your employer has an HR or health and safety team, you could ask them to make the changes you need.

If none of these work, you might have to raise a grievance. If you can't solve the problem by complaining, you don't need to leave your job. Your employer shouldn't treat you unfairly for complaining. That would be victimisation.

It can be quite stressful to take legal action against someone you're still working for. Read our advice on deciding what action to take to find out what you can do next.

Time limits for legal action

If you want to make a tribunal claim, you must start it within 3 months less one day.

It's important to know when the time limit starts to run so you know how long you have to start legal action. The time limit usually starts when your employer decides not to make reasonable adjustments.

If they haven't made a decision, the time limit starts after they've been given a reasonable period to comply with their duty. If you're not sure if your employer has made a decision or the date of their decision, it might be safer to calculate the time limit from the date you made your request. This will mean you'll be within the deadline.

If you miss the deadline, you can make a late claim if the tribunal thinks it's fair, this is called being 'just and equitable'. They might consider things like the reason for the delay, the length of the delay and the effect of a late claim on the other side.

You shouldn't rely on this though the tribunal might decide not to allow you to make a late claim. Act quickly as this will give you a better chance of the tribunal accepting your claim.

The court's power to allow a late claim is in section 118 of the Equality Act 2010.
In some cases, if you've missed the deadline, you could ask for the adjustment again, explaining why you still need it and any change in circumstances - it won't give you a new deadline but might prompt the other side to actually make the adjustment.

Find out more about employment tribunals.

# data[].attributes.attachment_link.title
Asking your employer for changes to help you if you're disabled

# data[].attributes.attachment_link.description
Your employer might have to make adjustments to help you do your job as well as someone without a disability. The Equality Act 2010 calls these 'reasonable adjustments'. They can be changes to policies, working practices or physical layouts, or providing extra equipment or support. The adjustments have to be 'reasonable'.

# data[].attributes.attachment_link.title
ADHD in the Workplace: How to Ask for Reasonable Adjustments

# data[].attributes.attachment_link.readable_text
It's not always easy for people with a disability to be part of the workforce - but, thankfully, things are improving.
Having a disability shouldn't stop anyone from finding a job (and neither should discrimination!).

However, the rights of people with a disability in the workplace can be quite confusing to understand. So we've taken a look at a few key facts that you may need to know.

Fact #1: In the workplace 'disability' is a pretty broad term

Often when people think 'disability' their minds jump to people with physical disabilities such as those who use wheelchairs. But in the workplace, disability can refer to physical, intellectual, psychiatric, sensory, neurological, and learning disabilities. Even people with Hepatitis C or HIV are counted as having a disability.

Why is this worth noting? Well, basically it means that the laws don't just protect people with a physical disability - they're here for everyone who may be discriminated against due to a disability.

Fact #2: Discrimination isn't ok. In fact, it's illegal

Just to recap, disability discrimination refers to people being treated unfairly (and missing out on job opportunities) just because they have a disability.

The good news? In Australia, the law protects employees with a disability from discrimination at all stages of employment - from the initial interview right through to leaving the company.

The sad truth? Some employers do still discriminate against applicants with a disability.

Sometimes this discrimination is more obvious, such as telling someone flat out that they won't be considered for the job because they assume they'll be 'too slow'. Other times, discrimination is more indirect - like when businesses don't provide access for people who use wheelchairs.

Whatever form it takes, it's not OK.

Fact #3: Sometimes an employer can refuse you a job because of your disability

Sometimes it can be legal for a company to refuse someone a job because of their disability. This can be the case if you can't perform the 'inherent requirements' of the position. In other words, you must be able to carry out the duties of the job.

These 'inherent requirements' will depend on the job - for instance, a person with low vision may not meet the requirements to be a delivery driver.

But, if your disability won't affect your performance, you deserve a fair shot - and employers aren't allowed to turn you down just because of your disability.

That's why the laws exist - to ensure there's an even playing field for everyone.

Fact #4: Sometimes, workplaces must make changes to suit your needs

Sometimes, a workplace might need a few adjustments to make it accessible and safe for an employee with a disability.

Employers must make what are called 'reasonable adjustments' for a person with a disability who is offered a job, or to an existing employee, to make sure they can do the requirements of the job.

Perhaps a ramp needs to be installed, doorways widened to allow wheelchair access, or a bigger computer screen is necessary. If such an adjustment can be made, it's the employer's responsibility to make it happen.

In some cases, employers do not have to make these changes if they can show that it would be very difficult to do so, or be very high cost.

On the upside, employers don't always have to carry to cost of these alterations. The Australian Government's Workplace Modifications Scheme can assist where there are costs in modifying the workplace or purchasing equipment for eligible employees with disability.

Fact #5: You can decide if you tell your boss about your disability

You only need to tell your employer about your disability if it has the potential to endanger yourself or your co-workers, or, if it could affect your ability to do the job.

For example, if you have epilepsy and your job involves operating heavy machinery, you need to tell your employer.

It's also good to keep in mind that if you do not let your employer know about any illness, disability, or injury - you may not be covered by Workers Compensation if the condition recurs or gets worse on the job.

Otherwise it's completely up to you whether you tell anyone or not - some people prefer to keep things private, while others are comfortable sharing. The only thing worth noting is that, if you discuss your disability with your boss, he or she may be able to make changes to your workplace to make things a little easier.

Fact #6: Your boss can't tell anyone about your disability, unless you say so

That's right: by law (the Privacy Act), your employer must keep details of your disability confidential unless you give consent.

It is up to you whether you want to tell your colleagues about your disability.

Fact #7: You can take action against discrimination

If you experience discrimination don't feel ashamed, and know you're well within your rights to take action.

As a first step, you might choose to raise the issue directly with the people involved, or with a manager, supervisor, or the Human Resources department.

Or, if you're not comfortable with this, you can make a complaint to the Australian Human Rights Commission (or have a solicitor or advocate do this on your behalf).

Your complaint to the Commission will need to be in writing, and describe when, where, what happened, and who was involved. There is a complaint form that you can fill in and post or fax back, or you can do it online. If you are not able to put your complaint in writing, the Commission can help you with this.
Our employment supports help people with a disability learn new skills, get some hands on experience, or find a job.

# data[].attributes.attachment_link.title
7 facts about disability in the workplace | Aruma

# data[].attributes.attachment_link.description
It's not always easy for people with a disability to be part of the workforce - but, thankfully, things are improving. Having a disability shouldn't stop anyone from finding a job (and neither should discrimination!). However, the rights of people with a disability in the workplace can be quite confusing to understand.

# data[].attributes.attachment_link.title
Disability inclusion at work: What it is and why it matters

# data[].attributes.attachment_link.description
What is disability inclusion at work? Why is it important? Learn about the benefits of disability inclusion for businesses and employees.

# data[].attributes.attachment_link.title
What Not To Do... With A New Employee - Scope

# data[].attributes.attachment_link.title
Access to Work: get support if you have a disability or health condition

# data[].attributes.attachment_link.description
Get help at work, including an Access to Work grant, if you have a disability or health condition - eligibility, how to apply.

# data[].attributes.attachment_link.description
Advice on supporting and treating disabled people fairly at work. For employers, managers and disabled employees, workers and job applicants.

# data[].attributes.attachment_link.readable_text
makes it difficult for them to carry normal daily activities which will usually include their normal day to day activities at work

has more than a minor or trivial adverse effect

lasts, or is likely to last, over a period of 12 months or more.

The legal definition of a workplace disability is:

"a physical or mental impairment that has a 'substantial' and 'long-term' negative effect on [their] ability to do normal daily activities."

But what counts as 'normal daily activities' in the workplace?

In addition to looking at how your employee's day to day activities at home might be affected, you should also have a look at how their condition is impacting on their ability to carry out their normal daily work activities.

Examples include:

remembering information

following instructions

concentrating

interacting with colleagues

movement-based activity

using a phone or computer

Be aware that a mental disability could cause a physical impairment. For example, difficulty in going outdoors could be due to a learning disability.

A physical disability could also cause a mental impairment. The pain (physical disability) of recurrent, severe migraines, for instance, could contribute to a difficulty to concentrate (mental impairment) that prevents a worker from completing work to deadlines.

Highly specialised activities tend not to be regarded as normal day-to-day activities for most people, for example, delicate watch repair with specialised tools.

This can be a grey area, though. For example, we might not consider lifting heavy loads of 25kg to be a normal daily activity. But in the Employment Appeal Tribunal Banaszczyk v Booker Ltd, the judge concluded that lifting loads of that weight is a normal activity for many UK workers.

This would mean that dismissing a worker for incapacity, because a long-term back condition means they can no longer lift heavy weights, without first exploring reasonable adjustments and alternatives to dismissal, could be viewed as discrimination.

As such, it's highly recommended to always seek help from a qualified HR professional when dealing with potential cases of disability, to ensure you're approaching the situation appropriately.

So, what conditions might be classified as a disability?

Depending on the extent to which they affect an employee's capacity to carry out normal activity, any of the following illnesses and conditions might class as a disability:

problems with sight or hearing

conditions which affect certain organs such as heart disease, asthma, and strokes

learning disabilities

learning difficulties such as dyslexia and dyspraxia

autistic spectrum disorders

mental health conditions - for example, depression, schizophrenia, bipolar affective disorders, eating disorders, obsessive compulsive disorder

impairments due to injury to the body or brain

conditions where the effects vary over time or come in episodes such as osteoarthritis, rheumatoid arthritis, fibromyalgia and ME

progressive conditions such as motor neurone disease, muscular dystrophy and forms of dementia.

However, each case will need to be looked at individually and some employees may have several conditions that could potentially be disabilities.

Disability and treatment or correction measures

If someone is receiving treatment, or measures are in place to help correct the impairment, the impact of the disability, without the treatment or measures in place, is what should be considered when assessing the disability.

For example, if a person needs a hearing aid and can then hear without much difficulty you would assess the impact their hearing had on their ability to carry out day to day activity by looking at how they were affected if they did not use their hearing aid.

What conditions automatically count as a disability?

Regardless of the extent to which the condition impacts on their capacity to carry out their work, employees are automatically protected against discrimination from the day they are diagnosed with:

What conditions never count as a disability?

The following conditions are specifically excluded from being considered impairments under the Equality Act:

alcoholism or substance addiction or dependency

hay fever

behaviours including such as a tendency to set fires, steal or a tendency towards violence or sexual abuse of others, exhibitionism, voyeurism.

Managing an employee with a disability

If you discover that an employee has a disability that is having an impact on them at work you must discuss with them whether there are any reasonable adjustments that you can put in place to assist them in carrying out their job and if necessary seek medical advice on what you can do to assist.

What counts as a reasonable adjustment?

Reasonable adjustments are changes that your business can make to ensure the employee is able to do their job effectively, without causing damage or interruption to your business.

There are many ways that you can make a reasonable adjustment for an employee, depending on the type or severity of their disability, including:

Making access to your building easier for someone who has trouble walking, e.g. a ramp for wheelchair users.

Changing the equipment they use, e.g. providing a special keyboard for someone with arthritis.

Offering flexible hours to those that are stressed or get tired easily due to a physical or mental disability.

Letting the employee work from home, e.g. if they suffer from anxiety or find it difficult getting to the office because of their disability.

Visually showing an employee how to perform a task.

The size of your business will be taken into account when determining how reasonable an adjustment is. Larger businesses would be expected to be able to do much more for disabled staff, including things that a small business couldn't realistically afford to do while trying to run a viable business.

Even if you don't make reasonable adjustments, you need to be ready with evidence to prove that you've taken them into consideration. This can help you to demonstrate your business' justification for not making adjustments.

Disability discrimination in the workplace

Disability discrimination at work can be both direct and indirect.

Direct disability discrimination is when an employee is treated less favourably to others on account of their disability, a perceived disability or their association with someone who is disabled.

Indirect discrimination occurs when a disabled employee is disadvantaged by a workplace practice, such as redundancy or recruitment.

Employers are responsible for ensuring that their employees do not fall victim to either type of disability discrimination in the workplace.

When to watch for workplace disability discrimination

It's important to be especially careful that an employee, or potential employee, is not discriminated against on disability grounds in any of the following scenarios:

determining pay or promotion, e.g. paying a disabled employee less than equivalent colleagues, or overlooking them for promotion

terms and conditions, e.g. having policies that disadvantage anyone with a disability

sickness absence, e.g. dismissing them for absences due to their disability

training and development

dismissal, e.g. dismissal because their disability is impacting their ability to do their job without considering reasonable adjustments.

redundancy, e.g. putting a disabled employee through a competitive selection process without taking account of the impact their disability may have on the criteria and making adjustments.

Do stress, depression and anxiety count as disabilities?

In some circumstances, stress, depression or anxiety may be deemed a disability.

To be considered a disability, the condition would need to be having a substantial and long-term negative effect on the employee's ability to carry out their job. This means that each case needs to be assessed individually.

A person who suffers from a short reactive period of depression following a bereavement is unlikely to fit the requirement of having a condition that has lasted, or is likely to last, 12 months or more.

However, in the employment context, it's important not to assume that a mental health condition would not be classed as a disability. This is because there's a possibility that an employee may have had a condition for years without it previously having any impact on their employment. You should always investigate with the employee and seek medical advice if necessary.

Is obesity considered a disability under employment law?

Several recent court cases would indicate that obesity itself is not considered a disability.

However, an impairment resulting from obesity that causes long-term incapacity in the workplace might be considered a disability by an employment tribunal.

What if I'm not sure if my employee is disabled?

Sometimes it's not immediately obvious or outwardly visible that someone is disabled.

That's why when an employee's performance drops, it's best to have a meeting to discuss the issue and see if they have had any problems. This is when they will likely tell you if they have a mental or physical issue which is affecting their work.

Be cautious not to jump to conclusions about the reasons for an employee's poor performance without investigating properly first.

How should I manage long-term absence if I suspect it's related to a disability?

The most important thing here is communication.

Ideally, you'll have kept an appropriate level of contact with the employee leading up to the 4 week mark where an absence is classed as long-term. These conversations should help you to establish whether the absence is related to a disability.

Should an employee be off for 4 or more weeks, with little chance of imminent return despite offers to make reasonable adjustments, it may be appropriate to begin your formal absence procedure. This will usually involve seeking medical advice. You should proceed with caution here, though, and seek advice from a qualified HR professional to be sure you're not discriminating.

Get HR Support

If you're still unsure about what constitutes a disability in the workplace, or just need some advice, our HR consultants can help.

Talking through your situation with a qualified HR professional will help you to make sure you take the correct action.
Get in touch on info@citrushr.com or give us a call on 0333 014 3888 to find out more about how we can help your business with friendly, expert HR support. READ MORE

You might also want to read these articles

# data[].attributes.attachment_link.title
What counts as a disability in the UK workplace? - HR guide

# data[].attributes.attachment_link.description
makes it difficult for them to carry normal daily activities which will usually include their normal day to day activities at work has more than a minor or trivial adverse effect lasts, or is likely to last, over a period of 12 months or more.