New Guidance on Hybrid Working & Disabled Workers

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On 5 September 2024, the Equality and Human Rights Commission (EHRC) published comprehensive guidance for employers aimed at supporting disabled workers in hybrid working environments.

With the rise of flexible working arrangements, particularly in the post-pandemic era, hybrid working has become a popular model that combines remote and workplace-based arrangements.

While hybrid working offers numerous benefits, such as increased flexibility and work-life balance, it also presents unique challenges, particularly for disabled employees. The flexibility of remote work can offer disabled workers greater autonomy, allowing them to work in environments that are comfortable and tailored to their needs. On the other hand, hybrid working can also lead to a sense of disconnection or isolation, particularly if disabled employees do not have regular access to the support and resources available in the workplace setting.

The guidance has been developed to provide practical tips, conversation prompts, and case study examples that cover both the recruitment process and ongoing employment to help employers create inclusive and supportive environments for disabled workers operating under a hybrid working arrangement.

 

Hybrid Working Guidance for Employers: Key Points

 

One of the central themes in the EHRC guidance is the need for employers to actively engage with disabled employees to understand their specific needs. Employers are advised to ask open-ended questions and to use conversation prompts that allow employees to voice their preferences and concerns. This is particularly important in hybrid working models, where workers may face barriers that they would not encounter in a traditional office setting. For instance, remote working may exacerbate feelings of isolation for disabled employees, making it crucial for employers to implement support structures such as regular check-ins, mental health support, and opportunities for social interaction.

The guidance also addresses practical concerns, such as providing the necessary equipment for disabled workers who are working from home. This could include adaptive technology, ergonomic furniture, or software that supports accessibility.

Employers should be aware that the duty to make reasonable adjustments extends to both remote and workplace environments.

The guidance also advises that employers regularly review these adjustments to ensure they remain effective as circumstances change.

 

Recruitment and Pre-Employment Considerations

 

The EHRC guidance gives specific consideration to the recruitment process, highlighting the importance of accessibility from the very start of the employment journey.

Employers are urged to consider how job descriptions, interviews, and onboarding processes can be made more inclusive for disabled candidates. This could involve providing information in accessible formats, offering flexible interview arrangements, and being open to discussing adjustments before a candidate is hired.

The EHRC recommends that this new guidance is read alongside existing materials on workplace adjustments and pre-employment health questions. This is particularly important for managers and organisational leaders responsible for implementing these policies.

 

Need Assistance?

 

The EHRC’s guidance on hybrid working for disabled workers is a valuable resource for employers managing the complexities of flexible working arrangements. It also acts as a timely reminder that, while hybrid working offers many benefits, disabled employees should not be overlooked or discriminated against in the transition to more flexible working practices.

For expert advice on the new guidance, or for specialist support with implementing hybrid working in your organisation, contact our employment law advisers.

 

Author

Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.

She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.

Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals

About DavidsonMorris

As employer solutions lawyers, DavidsonMorris offers a complete and cost-effective capability to meet employers’ needs across UK immigration and employment law, HR and global mobility.

Led by Anne Morris, one of the UK’s preeminent immigration lawyers, and with rankings in The Legal 500 and Chambers & Partners, we’re a multi-disciplinary team helping organisations to meet their people objectives, while reducing legal risk and nurturing workforce relations.

Read more about DavidsonMorris here

 

Legal Disclaimer

The matters contained in this article are intended to be for general information purposes only. This article does not constitute legal advice, nor is it a complete or authoritative statement of the law, and should not be treated as such. Whilst every effort is made to ensure that the information is correct at the time of writing, no warranty, express or implied, is given as to its accuracy and no liability is accepted for any error or omission. Before acting on any of the information contained herein, expert legal advice should be sought.

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