International Day of Persons with Disabilities is celebrated annually on 3 December. This blog sets out your legal obligations towards disabled staff and explains how you can better support them.
What is a disability?
A person is considered disabled if they have a physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on their ability to carry out normal daily activities.
Some conditions are automatically considered to be disabilities (eg cancer, HIV infection, multiple sclerosis and blindness). Mental health issues such as depression may count as disabilities in some circumstances, as can symptoms of long COVID and the menopause (see our blog post on supporting staff experiencing the menopause here). The Employment Appeal Tribunal recently confirmed that employees who experience regular migraines can be considered disabled. For a list of conditions that are commonly regarded as disabilities, see our List of common disabilities.
Do I need to make reasonable adjustments for disabled members of staff?
You must make reasonable adjustments to assist disabled staff members. Often, reasonable adjustments will also deal with matters that affect the health and safety of the staff member. Ask them what would help.
In all cases, you need to weigh the seriousness of the risk or disadvantage and its consequences against the time, cost and effort involved in preventing or reducing that risk. Many solutions are cheap and easy to implement.
For further information on what changes (if any) may need to be made to your business premises to accommodate disabled staff, see Health and safety facilities for people with disabilities.
If you fail to make a reasonable adjustment, the affected individual will be entitled to bring a claim against you for unlawful discrimination. See Dealing with legal claims brought by staff for further information on how to deal with such a claim.
How far do I have to go to put reasonable adjustments in place for a disabled staff member?
What is reasonable depends on the size of your business and the circumstances of the individual. In considering what adjustments are reasonable, you should consider whether the proposed changes would help the staff member overcome their disadvantage, whether the adjustment is practical and affordable, what resources you have to make the adjustment, and whether assistance is available to help you to make the adjustment (note that although the government Access to Work scheme does not cover reasonable adjustments, it may contribute towards other support).
A reasonable adjustment could involve a change to your physical business premises (such as the installation of a ramp); if so, you will need to consider the practicalities of making any such changes, including whether you need to comply with building regulations and any obligations you or your landlord may have under your business lease. For further information, see Making alterations for disabled people.
What are some examples of reasonable adjustments for staff members?
Reasonable adjustments are rarely expensive, inconvenient or time consuming to implement. The action you need to take will of course depend on the needs of the staff member you are supporting, but can be as simple as allowing them to work flexible hours or providing them with better lighting for their main work area. You might consider:
- Making changes to the person’s equipment or workstation, such as changing the layout, or providing adapted IT equipment or a more ergonomic desk set-up
- Providing more support, such as providing information and resources in an accessible format or giving one-to-one support when needed
- Making a physical change to your premises, such as widening a doorway or providing a ramp for a wheelchair user
- Allowing a disabled staff member to work flexible hours so that they can have additional breaks to overcome the fatigue that results from their disability and time off for medical appointments
- Reallocating duties (eg to prevent a staff member whose disability involves balance issues from having to work at height)
- Making adjustments to dress codes and/or uniforms (eg to make these cooler and more comfortable for women going through menopause or perimenopause)
What should I do about health and safety if I have staff with disabilities?
International Day of Persons with Disabilities is a good time to review your general and fire safety risk assessments to ensure that you have considered the risks for those who have a disability. You can use General risk assessment for an office, General risk assessment for a shop or other business open to customers and General risk assessment for remote workers to help you carry out general risk assessments in your business. You can find a template fire safety risk assessment at Fire safety risk assessment.
See Who to include in a general risk assessment and Doing a fire safety risk assessment for guidance on considering risks for disabled people.
If you identify any new risks, you must take steps to address them. As with all health and safety actions you are only required to take reasonably practicable steps.
How should I deal with a staff member who takes sick leave because they have a disability?
You are required by law to make reasonable adjustments to enable disabled staff members to continue working for you or return to work following a period of absence.
You should ask the staff member what adjustments they feel would assist their continued working or return to work. An occupational health or doctor’s report, fit note or AHP report may also offer suggestions on what adjustments can be made; see our Q&A here and following for further information about obtaining evidence of sickness during a sickness absence and obtaining a medical report.
Supporting staff
This International Day of Persons with Disabilities, in addition to adhering to your legal obligations, consider how you can support staff with disabilities by fostering a culture of open discussion. Creating an environment in which employees feel comfortable discussing their needs is essential to ensuring effective workplace support. Facilitating open dialogue will help you to identify any necessary adjustments you should make. Addressing any concerns proactively can prevent more serious difficulties in the future, such as grievances or discrimination claims.
The content in this article is up to date at the date of publishing. The information provided is intended only for information purposes, and is not for the purpose of providing legal advice. Sparqa Legal’s Terms of Use apply.
Becca joined Sparqa Legal as a Legal Editor in 2024 after transferring from FromCounsel. She previously worked as a caseworker at Advocate, the bar’s pro bono charity. Becca regularly writes for Sparqa’s blog, covering topics including employment, health and safety, intellectual property, and company law.