FREQUENTLY ASKED QUESTIONS – IN WORK
THE DISABILITY DISCRIMINATION ACT
Under the Equality Act of 2010, if you have a disability or health condition, your employer has a duty to ensure you can do your job and apply for other jobs in the same way as someone who does not have a disability. This is called making reasonable adjustments.
Some employers will have their own facilities, programmes or services to help people with disabilities and health conditions to succeed in the workplace. However, if your employer doesn’t have its own programmes or they do not fulfil your needs, you can apply to get funding for the reasonable adjustments you need via the Access to Work Programme.
As defined on gov.uk, you are: “‘disabled’ under the Equality Act 2010 if you have a physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on your ability to do normal daily activities.
‘Substantial’ means more than minor or trivial, eg it takes much longer than it usually would to complete a daily task like getting dressed; ‘long-term’ means 12 months or more, eg a breathing condition that develops as a result of a lung infection. There are special rules about recurring or fluctuating conditions, eg arthritis.”
Please note: The Equality Act 2010 doesn’t apply to Northern Ireland.
Reasonable adjustment is not a fixed term, and depends on various factors, including: your disability, the size of the employer, if the change is what is needed to overcome a disadvantage. Employers have a responsibility to make reasonable adjustments no matter how big the business is.
Employers must make adjustments to your job role/job application if:
You are disadvantaged by something because of your disability/health condition, AND it is reasonable to make the changes required in order to avoid that disadvantage, AND your employer knows (because you have declared it), or can reasonably be expected to know (because of their own observations for example) about your disability, and the disadvantages that can be associated with it.
ACCESS TO WORK
To get an Access to Work grant you must:
- have a disability, health condition or mental health condition that affects your ability to work.
- be over 16 years of age.
- live in England, Scotland or Wales (there is different support for Northern Ireland).
In addition one of the following criteria must also apply:
- you have a paid job.
- you are self-employed.
- you have a job interview.
- you’re about to start a job or work trial.
- you’re starting work experience.
rant funding from Access to Work can be used for adaptations to your current equipment, special equipment, fares to work if you can’t use public transport, or a support worker or job coach to help you in the workplace. It can also provide a communicator for a job interview.
Access to Work is an initiative run by DWP to help individuals overcome work-related needs linked to a health condition or disability. It can offer a grant to pay for practical support to assist an individual with a disability to start a new job, stay in work or move into self-employment. RBLI are a provider of Access to Work across the UK. If you have any questions please contact firstname.lastname@example.org.