The EHRC issues new guidance on supporting disabled workers during hybrid working

Hybrid working continues to grow in popularity across the UK, and this trend seems set to continue with the new Labour Government proposing to make flexible working the default position for most job roles. 

The Equality and Human Rights Commission (EHRC) has published new guidance for employers that aims to help managers support disabled workers during hybrid working, and to help them identify the barriers to hybrid working that place disabled workers at a substantial disadvantage.

What does the EHRC guidance say?

In a hybrid working arrangement, a worker typically works part of the time in-person in the office or other place of business, and the rest of their time working remotely (usually from home). This new guidance serves as a useful tool for employers that reminds them of their legal obligations towards disabled workers, which continue to apply notwithstanding the workers are hybrid working from home. 

We recommend reading the guidance in its entirety because it provides useful case studies to help managers navigate common hybrid working scenarios. However, the key points for employers to note have been set out below.  

The duty to consider reasonable adjustments continues to apply when hybrid working 

An employer’s obligation to consider reasonable adjustments where a disabled person is placed at a substantial disadvantage by a particular workplace practice continues to apply whether the individual is working remotely or from a communal workplace. 

Ongoing review and monitoring 

The guidance highlights the importance of reasonable adjustments being an ongoing discussion between employee and employer. Adjustments should be reviewed regularly with the employee through review meetings, and reconsidered promptly where there is a change in circumstances.

What adjustments a particular worker requires will vary from person to person, and equally what adjustments can reasonably be implemented will vary from workplace to workplace and from job role to job role. The adjustments they require may relate to different aspects of hybrid working, and could include:

• Digital support
• Specialist IT equipment or software
• Furniture  
• Online and hybrid meeting etiquette
• Travel to work
• Policies and practices in relation to remote working.

Health and safety risk assessments both at home and in the office/communal workplace will help identify whether there are any barriers that require adjustments. That said, perhaps the best way to identify whether any workplace arrangements place a disabled worker at a substantial disadvantage is to ask them directly whether there are any challenges they face or adjustments they require at work. The EHRC guidance sets out how managers can best approach these types of discussion, and suggests asking the following questions: 

• Do you have any suggestions for adjustments in addition to those already discussed?
• Tell me about any adjustments that have worked for you before in similar situations.
• Are there any adjustments that did not work for you before?
• Are you aware that you may be able to get funding and support through Access to Work for support and adaptations? This is a government scheme and is provided to you, as the worker. Would you need support making an application?

Working from the office

Whilst part of hybrid working is working remotely, the guidance recognises the benefit of face-to-face interactions between colleagues, and the positive effect this can have on wellbeing, job performance and team culture. 

Even with fewer office days, the EHRC guidance stresses the importance of office spaces still being accessible for disabled workers, and it highlights the importance of making sure that remote working is not used to avoid making adjustments to your place of business.

If you require further assistance on supporting disabled workers, please contact a member of our Employment Team.