On 5 September 2024 the Equality and Human Rights Commission (EHRC) published new guidance on supporting disabled workers with hybrid working. The guidance is designed to help employers better understand their legal obligations and the practical steps they can take to best support disabled staff.
Despite the title, the guidance is wider than solely focussed on hybrid working and provides useful general advice in relation to identifying barriers a disabled employee may face in the workplace and/or working from home, how to discuss issues with the employee and how to implement adjustments.
For this reason, this guidance would be a recommended read for any employer, regardless of whether you work with a hybrid or homeworking model, or your employees are all expected to attend the workplace.
The guidance highlights that when an employer is proposing to implement hybrid working, they should always involve their workforce in the decision-making process and promote the changes they are planning to make.
The guidance therefore proposes that the best way an employer can understand what reasonable adjustments a disabled worker needs, is to ask them. The guidance does note that there are restrictions on asking health and disability information when offering a job role, and again provides useful information in relation to this and also a link to the EHRC guidance on pre-employment health screenings.
In terms of hybrid working, employers should review regularly how inclusive and accessible their hybrid working practices are. They should also have a hybrid working policy that sets out the key principles, for example, regular contact with people working at home to avoid isolation and to support development and encouraging role modelling of these principles by senior staff.
Employers should also enquire as to whether any hybrid working arrangements are having a negative impact on the disabled worker and whether any changes can be made to ensure the worker is more comfortable at work. This may include making further adjustments. The guidance gives the example of a worker suffering from depression who may benefit from working in the office, rather than at home.
The stated aim is that by ensuring that workers have reasonable adjustments, and that hybrid working works for them, employers will have a happier and more productive workforce.
Should there later be any dispute, from a legal perspective, employers who have followed the available guidance are also more likely to have a stronger defence facing a discrimination claim as they can show the steps they have taken, including consulting with the worker, to consider and make appropriate reasonable adjustments for the disabled worker.
Paul Hennity
Employment Law Partner
Paul provides pragmatic and commercial advice to both employers and employees and is highly experienced in dealing with claims in the employment tribunal and negotiating settlement agreements.
