Disability, Ill health and Employment

Keep Britain Working Review

Sir Charlie Mayfield Lead Reviewer of Keep Britain Working recently spent 9 months looking at the issues that surround ill health and the workplace. This report was requested by Secretaries of State namely Pat McFadden of the DWP and Peter Kyle Department of Business and Trade. The research evidenced that ill health has become one of the biggest drivers of economic inactivity in the UK which was a concern according to Sir Charlie Mayfield, but he was also encouraged that many employers were ready to implement changes to enable more people to remain in work or will be able to find suitable employment with the right approach.

Is Britain really facing a crisis?

According to the Office of National Statistics, who analyse data from sources such as the Labour Force Survey, Britain is facing a significant crisis of ill health leading to a rise in economic inactivity and impacting employment. The crisis affects individuals with lost income and poorer health, businesses with disruption and lost experience, and the country through weaker economic growth and increased welfare spending.

Numbers out of work are increasing

According to the Government report 1 in 5 working age adults are out of work mainly because of ill health issues. There are 800,000 more people out of work now than in 2019 due to health problems with the total numbers being around 2.8 million.

The covid pandemic certainly would have had an impact on the numbers.  Mental ill health is also on the rise predominantly in young people and older employees are retiring early due to health issues.

The financial impact is huge, with an estimated cost of around £85 billion per year for employers and potentially £212 billion for the wider economy.

Higher rates of unemployment: Neurodivergence

Interestingly neurodivergence does not get mentioned in the report but on further research it seems that employment figures for neurodivergent people are significantly lower than for the general population, with rates varying by condition but remaining consistently lower than for disabled people overall.

For instance, a recent UK government report cites the employment rate for autistic people at 31% compared to 54.7% for all disabled people. Some sources estimate up to 85% of autistic adults may be unemployed.

Ill Health is not a life choice

Ill health or being disabled is not a life choice and aside from those who are born with a disability,  changes in life can affect the healthiest of people who may suddenly find themselves facing a long-term health condition or they may become disabled as the result of trauma, genetic condition or age.

It appears that increasing numbers of people who are suffering with ill health or a disability are finding they are unable to find suitable work and the numbers of people that are unable to work continues to grow.

Many people with health conditions want to work but feel that as soon as they disclose their health condition this is then viewed negatively by potential employers who could be losing out on a productive employee who despite their struggles could make a positive contribution to the workplace.

What are reasonable adjustments?

These are changes an employer makes to remove or reduce a disadvantage related to someone’s disability, such as:

• Finding a different way to do something
• Making changes to the workplace
• Changing someone’s working arrangements
• Providing equipment, services or support

The adjustment should be reasonable

The employer’s duty to make an adjustment is based on whether it is reasonable. 

Reasonable means:

• That the disadvantage is removed or reduced, talking with the employee is essential to be clear on what is needed
• The adjustment is practical to make
• Any changes made are affordable
• The changes do not put others health and safety at risk

Employers must make reasonable adjustments by law. If adjustments are not made for an employee when they are needed, then the employee could make a claim in the employment tribunal.

When should reasonable adjustments start?

This should be implemented from the beginning by the employer at the recruitment stage and can include:

• Changing the recruitment process so a candidate can be considered for a job
• Providing extra time for tests or to answer questions in interviews
• Altering interview formats by providing questions in advance or in a written format in the session
• Simplified direct questions, avoiding jargon or multi-layered questions
• Providing communication support such as a Sign Language interpreter, lip reader or support worker to help understanding
• Ensuring physical accessibility of the interview venue

Reasonable adjustments in the workplace can include:

• Doing things another way, such as allowing someone with social anxiety disorder to have their own desk instead of hot-desking
• Making physical changes to the workplace, like installing a ramp for a wheelchair user or an audio-visual fire alarm for a deaf person
• Letting a disabled person work somewhere else, such as on the ground floor for a wheelchair user
• Changing their equipment, for instance providing a special keyboard if they have arthritis
• Allowing employees who become disabled to make a phased return to work, including flexible hours or part-time working
• Offering employees training opportunities, recreation and refreshment facilities

How does an employer implement reasonable adjustments?

• Talking to the employee confidentially with open dialogue to understand their needs and work together to identify and agree on suitable adjustments
• Keep clear records of the changes and have regular reviews to ensure the adjustments remain effective
• Consult experts if needed by seeking advice from occupational health or other specialists
• Ensure the professional carrying out the assessment understands the employee’s health condition and the workplace environment that they will be working in

Points to note

Whilst the government have acknowledged the problem and launched initiatives, reforms could take some time to affect change.

If you are an employer and would like any further information or assistance with policies or procedures to assist in supporting people with health concerns into the workplace then please contact our main office on 01983 897003 for a free initial callback with one of our specialist Lawyers.