How can you support Disabled Employees? The Hidden Effects of the Pandemic

This week, in recognition of Disability Awareness Day, which took place on Sunday 12 September, we will be looking at the impact of the coronavirus pandemic on disabled employees in the UK.

When the coronavirus pandemic began in March 2020, many businesses had to adapt quickly, shifting employees to remote working. This had a wide-ranging impact on disabled employees. For some, the requirement to work from home, potentially alongside shielding, proved to be challenging, with the Office for National Statistics reporting that 46% of disabled employees felt their mental health had worsened and 49% citing increased feelings of loneliness. For others, working from home represented a positive change because it brought new opportunities when previously they may have been excluded from the workforce.

This means that, as many employers ask their employees to make the transition back to the office, they should be sure to properly support their disabled employees, making reasonable adjustments where necessary and offering proper mental health support.

Flexible working arrangements

Some disabled employees may be reluctant to return to the office, perhaps because they prefer or are more able to carry out their work from their own home or remain concerned about COVID-19. UNISON, for example, has previously called for disabled employees to be given the right to work from home if they choose. Even prior to the pandemic, flexible working arrangements were the most commonly requested ‘reasonable adjustment’ for disabled employees and so employers should anticipate and be open to flexible working requests.

Employees have a statutory legal right to make a formal flexible working request if:

a) they’ve been with their employer for 26 weeks or more;

b) they’re legally considered an employee (i.e. not a worker or self-employed);

c) they’ve not made a previous request in the last 12 months

If these conditions don’t apply, but your employer has its own policy on flexible working, you may still be able to make a request or, alternatively, you may be able to make an informal request.

Employers should deal with these requests in a ‘reasonable manner’, considering the benefits for both employee and employer. The employer can only reject a request for a business reason such as additional costs or an inability to reorganise work etc.

Depending on the disabled employee’s circumstances, a flexible working request may be considered a ‘reasonable adjustment’, meaning that failure to comply could amount to discrimination under the Equality Act 2010.

ACAS has published guidance on making a flexible working request which you can see here.

Mental health support

As stated above, the ONS reports that the coronavirus pandemic has had a significant impact on the mental health of disabled people in the UK. Protecting the mental health of employees forms a part of employer health and safety obligations which means that it should be considered under their risk assessments and employers should make reasonable adjustments to make sure that disabled employees are not put at a disadvantage.

The Health and Safety Executive emphasises a key aspect of supporting employees means keeping in touch on a regular basis, as well as putting in place a proper structure for employees to raise difficulties they may be having in relation to their mental health. It is also essential to know the signs of stress at work.

ACAS has highlighted the importance of employee outreach to reduce the stigma around mental health and empowering staff with mental health conditions.

Want to know more?

If you have any questions about how to support your disabled employees, please don’t hesitate to get in touch. Our team of employment solicitors is highly experienced in advising both employees and employers alike, providing specific expert advice tailored to your particular circumstances.