Supporting disabled workers with hybrid working: Guidance for employers

This guide is for employers. It is aimed at managers and leaders who are supporting disabled workers with participating fully in hybrid working.

It provides practical tips, conversation prompts, questions and case study examples. It covers both recruitment and employment.

This guide does not contain an exhaustive list of the issues you may need to discuss with your worker. The conversations you have will depend on the worker’s individual circumstances and needs.

This guide should be read alongside our guidance for employers on workplace adjustments and pre-employment health questions.

What are hybrid working arrangements?

Hybrid working is where people work from a combination of in-person and remote settings. This can be on the business premises, at home or elsewhere.

Hybrid working arrangements can bring benefits to disabled workers, including being better able to manage their health and wellbeing. If they are not designed and implemented well they can also create difficulties like a lack of inclusion, isolation from colleagues or not having the necessary support or equipment in place to enable them to thrive in their role.

The Equality Act 2010 recognises that bringing about equality for disabled people may mean changing the way employment is structured, removing physical barriers and / or providing extra support for a disabled worker.

This is the duty to make reasonable adjustments. Some businesses may call these workplace adjustments.

The duty to make reasonable adjustments aims to make sure that, as far as is reasonable, a disabled job applicant or worker has the same access to everything that is involved in getting, doing and keeping a job as a non-disabled person.

When the duty arises, an employer is under a positive and proactive duty to take reasonable steps to remove or reduce or prevent the obstacles a disabled worker or job applicant faces.

The duty to make reasonable adjustments applies:

• in recruitment and during all stages of employment, including promotion, training and dismissal
• to all types of workplace arrangements, including hybrid working arrangements

The duty protects disabled job applicants and all disabled workers, including for example apprentices, contract workers and business partners.

What is classed as a disability?

The Equality Act defines disability as a physical or a mental impairment or condition which has a substantial and long-term adverse effect on a person’s ability to do normal day to day activities. Normal day to day activities includes the person’s ability to participate fully and effectively in working life on an equal basis with other workers.

When to make adjustments

As an employer, you must consider whether any of the following put a disabled worker or job applicant at a substantial disadvantage:

• the way you do things
• any physical feature of your workplace
• the absence of an auxiliary aid or service

If this disadvantage is more than minor or trivial compared with a person who is not disabled, you must make reasonable adjustments.

The aim of the adjustments you make is to remove, prevent or reduce the disadvantage.

You only have to make adjustments that are reasonable for you to make. This may differ from business to business. Our guidance for employers on workplace adjustments gives more information about how to work out what is reasonable.

Finding out if someone is disabled

You must make adjustments where you know, or reasonably could be expected to know, that a disabled person is, or may be, an applicant for work. However, there are legal restrictions on when you can ask health or disability-related questions prior to making a job offer.

For disabled workers already in employment, you must make adjustments where you know, or reasonably could be expected to know, that the worker is a disabled person and is, or is likely to be, at a substantial disadvantage. This means doing everything you can reasonably be expected to do to find out. This does not mean asking intrusive questions or ones that violate someone’s dignity. Think about privacy and confidentiality in what you ask and how you ask. There are practical tips and conversation prompts later in this guide to help you do this.

The benefits of providing reasonable adjustments

Making reasonable adjustments is a legal obligation. It will also help you to:

• recruit and retain staff to make your organisation perform effectively
• develop positive relationships and get the best out of your staff
• enable them to achieve their full potential which can help address any disability pay gap
• avoid legal challenges for discrimination

Introduction

There are lots of opportunities for you to identify when a worker or job applicant may need adjustments to overcome barriers in the workplace, or during the recruitment process.

The recruitment process

Except in specific circumstances, the Equality Act makes it unlawful for an employer to ask any job applicant about their disability and health during the recruitment process up to when a job offer is made. However, you are permitted to ask questions to find out if reasonable adjustments are needed to enable a disabled job applicant to take part in any assessment, such as an interview or other assessment process, to test their ability to do the job.  

Any information on health or disability obtained for the purpose of making adjustments to recruitment arrangements should be kept separately from other information in the job application. It should not form any part of the decision-making process about a job offer.

Our guidance on pre-employment health questions explains the rules in detail. Bearing these in mind, you could:

• ask job applicants if they need any adjustments as part of the recruitment process, for example, adjustments could include providing extra time during assessment exercises, use of closed captions for online interviews and tasks, provision of a British Sign Language interpreter or doing the interview online instead of in person
• send an adjustments checklist to candidates to ask if they require any adjustments - CIPD's guide to inclusive recruitment includes a checklist (this is not an exhaustive list)

During employment

During the onboarding process, it is good practice to:

• invite new starters to tell you if they may require reasonable adjustments
• be clear that they can request reasonable adjustments at any time
• if you have one, share a copy of your reasonable adjustments policy

On an ongoing basis, think about whether a worker may need adjustments to remove or prevent barriers they face in the workplace. This could be as part of regular supervision meetings.

It is also important to discuss whether any changes are needed to existing adjustments when:

• making physical changes to the workplace
• changing working policies and practices

Changes to a worker’s behaviour or performance may be related to an impairment. You should explore sensitively whether they require any reasonable adjustments or whether existing adjustments need changing.

You should not:

• make assumptions about what a worker can and cannot do because of an impairment - everyone’s experience is different and workers with similar impairments may require different adjustments
• assume the worker will know what adjustments will work for them - be prepared to test and review agreed reasonable adjustments over time
• assume that disabled workers will want or be able to work from home or in other remote settings

You should:  

• have a conversation with the worker about any barriers to hybrid working and discuss what workplace adjustments they need in different settings - we have separated out the different steps in the sections below, but they will often be part of the same conversation

Having conversations with a worker about potential adjustments they may need

If the worker has already made a request for adjustments, acknowledge their request and take steps to deal with it promptly.  

Before having a conversation, ask the worker if they require any adjustments so they can participate in the meeting. For example, adjustments could include providing any information in an accessible format, a British Sign Language interpreter, speech to text provision or having a trusted person or union representative attend the meeting with them. It would be good practice to allow someone to accompany a worker to a meeting for support, even if it is not a reasonable adjustment.

Not all workers will feel comfortable having conversations about their impairment with their employer. This could be particularly true when they have only recently developed a health condition, as they may be less likely to understand their long-term requirements. Letting your workers know that you are there to support them will help them to feel able to speak with you.

Invite the worker to submit any questions or suggestions they may have in advance of a conversation. Share your questions or suggestions in advance too.

If your worker has told you about their impairment or barriers to hybrid working prior to a conversation, consider this information in advance of the conversation. However, do not make assumptions, as everyone's experience of an impairment will be different.

Consider any health and safety considerations for discussion with the worker. This applies to both the business premises and home working environment. The Health and Safety Executive guidance on supporting disabled workers and workers with long-term health conditions includes questions to help employers and workers have these conversations.

Conversations should be confidential and held in a private place where you will not be disturbed and where everyone is comfortable. Consider whether face-to-face or online would be appropriate. Do not disclose any of the information provided by the worker to anyone else unless it is necessary to do so and you have discussed with the worker what information you propose to share and why. Make sure you act in accordance with data protection law throughout the process of identifying and implementing reasonable adjustments and when you are processing health and disability-related information, including about adjustments. You can find out more about your obligations under data protection law from the ICO website.

Throughout the process, record and share a summary of any discussions and agreed actions with the worker.

Introduction

You must assess what workplace arrangements put the disabled worker at a substantial disadvantage in comparison with a non-disabled worker. The best way to do this is to speak to the worker directly about the challenges and barriers they face in the workplace.

Tips

• encourage your worker to talk and lead any discussions 
• give them plenty of opportunity to explain the situation in their own words (however, it is for your worker to decide how much information they wish to disclose to you about their impairment)
• ask simple, open, non-judgemental questions, starting with ‘what’, ‘how’, ‘when’, ‘tell me (more) about’
• listen actively and carefully
• be prepared for some silences
• be patient

Discussion points and questions you should consider asking the worker

At the start of the conversation, briefly outline your role and responsibilities regarding reasonable adjustments. Explain to the worker what you need to discuss, how you will use the information and who else may need to be informed. Let them know that this is to help them remain healthy and safe, and to help them thrive at work.

You could ask:

• Which elements of your role and / or workspace are creating barriers to you doing your job?
• Where does this impact you - in the business premises, at home, during online and hybrid interactions, for example, a meeting combining in-person and online participants, or another setting?
• Is the impact on you likely to vary or change over time?
• Are there any parts of our organisation's hybrid working arrangements that create barriers for you? For example, are you able to take part in and contribute to online and hybrid meetings?
• Do you have all the IT equipment, software and physical equipment you require in the business premises, and / or remote settings?

Case study: Making reasonable adjustments to a hybrid working model

Background

A business moves to a hybrid working model. This requires people to work from home 60% of the time. 

A worker with depression is concerned that such long periods of home working has impacted negatively on his mental health and has taken time off sick.

Action taken

He raises the issue with his manager. He says that he benefits from the regular interaction with his colleagues when working in the office. His manager arranges a variation in the policy so that he is only required to work from home for 40% of his time as a reasonable adjustment. 

Outcome

They review the situation after three months. The worker feels the extra day in the office has been beneficial and he has not had to take any time off sick. They agree that it will continue as a reasonable adjustment.

Introduction

It is good practice to have a conversation with the worker to identify any barriers. Once you understand the challenges the worker faces, you can put in place the required reasonable adjustments. The conversation should be an open and supportive dialogue. Several adjustments may be required.

If something is a reasonable adjustment, you as the employer must pay for it. The cost of an adjustment can be taken into account in deciding whether it is reasonable or not. The cost of making adjustments to support a disabled worker is often minimal. It will help them to work well and benefit your business.

See our guidance for employers on workplace adjustments for ideas and examples.

Tips

Remember that the responsibility is not on the worker to suggest adjustments. However, both you and your worker can suggest what adjustments might help. They are more likely to be effective if the worker is involved in identifying them.

Make sure your worker knows about the government’s Access to Work scheme. Access to Work can provide practical advice and financial support where someone needs support or adaptations beyond reasonable adjustments. Although the advice and support are given to the worker themselves, you will benefit too. 

Check if your company has an occupational health scheme. Occupational health can carry out an assessment which can inform discussions about reasonable adjustments. An occupational health assessment is not mandatory. You may have enough information for your discussions and to agree reasonable adjustments.

Legal responsibility for making reasonable adjustments remains with the employer, even where Access to Work or occupational health services are involved in providing advice or, in the case of Access to Work, funding for support or adaptations.

Adjustments should be tailored to the individual worker’s requirements. A combination of adjustments may be needed.

Adjustments may relate to different aspects of hybrid working, including:

• digital support
• IT equipment
• furniture  
• online and hybrid meeting etiquette
• travel to work
• policies and practices in relation to remote working

Many software suites, like Windows, include free accessibility features, such as screen reading or voice-to-text software. These may meet the needs of some individuals, or act as an interim measure until an assessment is completed. Specialist accessibility technology may be required for others. See the resources section for more examples.

Working from home can be beneficial to people with a range of impairments. It should not be used to avoid making adjustments at your business premises or other remote working settings. Many workers benefit from face-to-face interaction with their colleagues. This can have a positive effect on their well-being and performance, and improve team and organisational culture.

Our guidance for employers on workplace adjustments sets out some of the factors to consider when deciding whether an adjustment is reasonable.

Health and safety risk assessments at home and other remote working settings may also identify barriers that require adjustments. Employers are legally required to provide appropriate workstation setups for all workers. The Health and Safety Executive has guidance on managing home workers' health and safety, including risk assessments.

Discussion points and questions you should consider asking the worker

When suggesting possible adjustments, ask them for their view about the possible options.

You could ask:

• 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?

This is not the end of the conversation. The worker can come back with any thoughts that occur later or arrange another conversation to go into more detail about any of the topics.

You can also refer to other support services, like an employee advice scheme, Human Resources or an occupational health provider, if these are available.

Case study: Carrying out a workplace assessment for reasonable adjustments   

Background

An experienced designer at a small engineering design firm has been struggling to meet deadlines over the last few months. He finds this stressful and discusses it in a performance review. The worker explains that he has a degenerative eye condition and does not know how it will progress. He is finding it increasingly difficult to read and write emails and documents on his computer.

Action taken

The manager refers him to a company that provides workplace assessments, specialising in technology and digital services, to identify reasonable adjustments. They advise on free tools available in Windows and Microsoft Office and recommend specialist software, which is easily installed on his laptop, and a large screen for working at home. The firm pays for the software licence and provides the screen for working at home.

They agree that other members of staff will not be told in detail about his medical condition or its prognosis. However, they will be told that he has a visual impairment that requires some changes to the way he works.

Outcome

The adjustments mean that the worker’s performance improves. He can continue working both in the office and at home, is less anxious and able to meet his deadlines. The employer sees the benefits of retaining an experienced member of staff and not having to recruit.

Introduction

Once you have agreed the adjustments with the worker, implement them promptly. This should include the delivery and instalment of any equipment needed at home. This means the worker can work to their full potential as soon as possible. It will also help to avoid a legal challenge. Once you know the worker is disabled and at a disadvantage, any undue delay in implementing reasonable adjustments may amount to unlawful discrimination.

Make sure you keep the worker updated on progress throughout. If the worker is unable to work because of a barrier identified with them, you should discuss any interim arrangements that need to be made. This may include:

• temporary changes to a job role or working practices and procedures
• potential paid disability leave, which doesn’t count towards a worker’s sick leave

Tips

• ensure that you have considered what adjustments the worker might require at all the locations at which they work or could work
• agree to provide updates on progress and any delays
• keep notes of your conversations and decisions and share these with your worker - these should include what has been agreed, when adjustments will be made and when they will be reviewed
• treat health and disability-related information, including about adjustments, confidentially
• if a reasonable adjustment will not work without sharing some disability-related information with colleagues, discuss with the worker what information would need to be shared and why - explain that it does not have to be detailed information about their impairment, just sufficient so that relevant colleagues can do what is needed to make the adjustment work in practice
• you may wish to consider using an ‘adjustment passport’ to record the adjustments the worker has in place, which is particularly useful where the worker is likely to change managers or roles - it means they do not have to share information regarding their access needs in the workplace multiple times
• where appropriate, provide training for the disabled worker to use the reasonable adjustment, for example, to use assistive technology
• train managers and other colleagues, where necessary, to support them to implement the adjustments in practice, for example, this could include supporting staff to use alternative text in digital documents to describe images and charts to someone who is visually impaired and cannot view them

Discussion points and questions you should consider asking the worker

You could ask:

• Are you able to continue or start work while these adjustments are put in place, or do we need to put interim arrangements in place?
• Would you or anyone you work with need any training to implement the adjustments?
• Would other support be helpful for us to consider together?
• Would you like to use a reasonable adjustment passport to record any adjustments?
• What information, if any, would you like shared with your colleagues about the agreed adjustments? Sharing information can help your colleagues understand the reasons for adjustments and the support they can provide.
• How and when would you like this information to be communicated to colleagues? Do you want me to do it, or do you?

If a worker is reluctant for colleagues to know, and you believe that an adjustment requires the co-operation of the worker's colleagues, explain why. You could let them know that you cannot make the adjustment unless they are prepared for some information to be shared. You could assure them that it does not have to be detailed information about their impairment, but just enough to explain to colleagues what they need to do.

Case study: Allocating a dedicated desk as an adjustment to a hotdesking policy

Background

A call centre operator has a musculoskeletal condition that affects the mobility and dexterity in her shoulders, forearms, wrists, hands and neck. Following a display screen equipment assessment, she already has an adapted keyboard and mouse. She adjusts the screen, desk layout and seat to minimise any discomfort when she works.

The call centre has a hotdesking policy. The operator is rarely able to use the same desk and when she does, the chair and desk setup has usually been changed by colleagues. Setting up the desk and chair are time consuming and painful for the operator. She raises this with her manager and asks if she can have an allocated desk which is set up for her needs and with her equipment, as a reasonable adjustment. 

Action taken

Her manager arranges a meeting where they discuss her request. As an adjustment, she is allocated a desk set up with her equipment. They agree that colleagues will be told not to use her desk and chair, even when she is not in the office.

Outcome

The adjustment helps the operator minimise any discomfort while she is working. She is able to start work more quickly and is more productive.

Case study: Recording adjustments in a reasonable adjustments passport 

Background

An autistic person is working in a new open plan office. The noisy office environment prevents her from performing at her best at work.

Action taken

The worker’s manager notices her anxiety and mentions it at their weekly meeting. She asks her manager to find a desk away from the busiest parts of the office.

The adjustments are agreed. The manager suggests that they make a record of these adjustments in an ‘adjustments passport’. That way, she will not need to start the process again if her manager changes.

Outcome

The worker finds the quieter location of her desk makes it easier for her to concentrate.

Three months after agreeing the adjustments, her manager gets a new job. The new manager knows about the adjustments from her adjustments passport. This means that she can be confident that the changes will remain in place.

Not agreeing that an adjustment is reasonable                       

If you have considered all the factors which might be taken into account and decided that a particular adjustment requested by your worker is not reasonable, it is good practice to provide a detailed written explanation to the worker. 

It is good practice to provide an appeals process. If you have a written reasonable adjustments policy or procedure, this should set out the details.  

If, following any internal appeal process, there is still disagreement about whether an adjustment is reasonable or not, only an Employment Tribunal can decide this.

Introduction

Sometimes, changes in somebody’s role or their impairment mean that the reasonable adjustments you originally put in place no longer work.

It is important that adjustments are reviewed regularly or reconsidered promptly where there is a change of circumstances. This will ensure that you identify promptly if the adjustments you put in place are no longer effective and alternative and / or additional adjustments are now needed.

Tips

• agree regular review periods with the worker 
• keep a note of the conversation and any actions
• advise the worker to update their reasonable adjustments passport with any changes that have been agreed
• make sure that the worker knows that they can speak to you and / or another appropriate person if their condition or working conditions change

Questions you should consider asking the worker

You could ask:

• How are the adjustments working for you? Are they effective in removing or reducing the barriers to hybrid working we identified?
• Are there any other adjustments you require, or that may be more helpful to consider?
• How often would you like us to review the adjustments to check that they are effective? You can always raise any issues with me before then if you need to.

Introduction

It is good practice to make clear that the organisation is committed to making the workplace accessible for disabled colleagues and job applicants. Consulting with and respecting the autonomy of workers has been shown to produce positive outcomes for workers and employers.

As an employer you do not have to anticipate every potential reasonable adjustment that an individual disabled worker or job applicant might require in future, but you could consider how to make your workplace more accessible generally. Making these changes will help ensure that your workplace is inclusive for all workers, including disabled workers, and that you are prepared when adjustments are legally required. It may also benefit clients and visitors.  

Tips

• review how inclusive and accessible your workplace and working practices are, including hybrid working arrangements
• think about accessibility in every aspect of the working day, for example, physical access to buildings, parking facilities, having captions in online meetings, accessibility guidelines for internal communications
• consider your procurement processes, for example, evaluate the accessibility of new IT when procuring it - there are organisations that provide support and advice to help you with your review
• 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
• have a reasonable adjustments procedure that encourages constructive conversations - it should set out clear principles and expectations, including any appeal procedures
• involve your workforce to make your working environment inclusive for disabled workers - capitalise on their knowledge and personal experiences
• understand the experiences of disabled workers by collecting anonymised data in staff surveys or when you recruit, train or promote staff
• promote the changes you have made so that disabled people know you are committed to being an inclusive employer
• provide staff, especially managers and supervisors, with appropriate training and support - this will help them to understand when reasonable adjustments must be made, and how to go about it

Case study: Agreeing a meeting standard and sharing with staff

Background

In an informal chat, a worker with a hearing impairment tells his director about barriers to his participation in online meetings, particularly hybrid meetings. He finds it hard to engage and concentrate. The worker says he has been told by other staff that they find online meetings hard to participate in.

Action taken

The director arranges a meeting with the company’s disabled staff. They tell her that there are barriers to participating in online meetings. For example, PowerPoint presentations are not always accessible to staff with visual impairments. They suggest developing an accessible meeting standard. The company agrees to do this in conjunction with staff. To help, they use tips from a disabled people's organisation on making meetings accessible. 

The standard is shared with all staff. It includes information on how to turn on live captions on online platforms and use the inbuilt accessibility checker in PowerPoint.

Outcome

The worker finds that he can fully participate in meetings and contribute to discussions. He feels more engaged with his colleagues and their work. Feedback is sought from all staff which indicates that both disabled and non-disabled staff feel that meetings are more inclusive.   

Recruitment

CIPD’s guide to inclusive recruitment for employers is a step-by-step guide that covers role design and the job advert, attracting diverse candidates, the application and selection processes, and monitoring. It includes a checklist to send to candidates for adjustments during the recruitment process.

Advice and support

Acas’s Using occupational health at work: Occupational health covers when an occupational health assessment might be useful, the assessment process and getting a doctor's report about an employee's health.

The Acas helpline provides employment law or workplace advice to employers and workers.

Supporting disabled workers - this may include information on reasonable adjustments

DWP’s Support with employee health and disability guidance provides advice for employers and managers on managing absences, having conversations with employees, deciding on changes to help them stay or come back to work, policies and procedures and managing complex situations.

The Health and Safety Executive’s Principles to support disabled workers and workers with long-term health conditions can be used to create a more supportive and enabling workplace culture. It includes a Talking toolkit with templates and questions employers can use to start practical conversations with workers.

CIPD’s guidance on Managing and supporting employees with long-term health conditions covers what long-term health conditions are, principles to support employees with long-term health conditions, and interventions and support.

Disability Confident and CIPD’s guide for line managers on employing people with a disability or health condition focuses on the role of the line manager in reasonable adjustments, language and behaviour, and sickness absence. It also provides guidance on recruiting, retaining and developing employees with a disability or health condition.

Business Wales’s website has information relating to disabled people’s employment. This includes information on Supporting disabled employees who work remotely.

Hybrid and home working and digital accessibility

Inclusion Scotland’s Guidance on accessible and effective remote working includes accessible and effective technology and accessible and effective meetings.

CIPD’s Hybrid working - practical guidance includes tips to help managers to support the health and wellbeing of hybrid workers.

AbilityNet’s 'how to' guides provide simple steps to make a computer, tablet or phone easier to use. It also provides advice, support and information on digital accessibility including reasonable adjustments.

Acas’s information on hybrid and home working includes responding to requests for hybrid and home working and health and safety when working at home.

Acas’s toolkit on mental health and workplace adjustments includes template letters for employers.

The Health and Safety Executive’s guidance on managing home workers’ health and safety covers hybrid and home workers including risk assessments, stress and poor mental health, using equipment like computers and laptops safely, and the working environment.