Work

This page covers:
– Experiences and Challenges of Disabled Employees in the Workplace
– Inclusive Policies and Workplace Adjustments
– Employment Law and Rights for Adults with Cerebral Palsy
– Conclusion
– Resources

Experiences and Challenges of Disabled Employees in the Workplace

The Impact of Transport

Transport plays a crucial role in the lives of disabled employees, particularly for those with cerebral palsy  Some individual with CP described the drastic change of pace when traveling into busy cities for work can be problematic where the crowded environment and faster pace make navigation challenging. Another consideration is  needing more space due to their walking style, emphasizing the importance of space availability and behaviors in assessing transport accessibility. Often, these aspects are overlooked in policy reviews, which focus primarily on infrastructure.

Job Descriptions and Recruitment Processes

Disabled job seekers frequently encounter vague job descriptions that fail to specify critical details about the nature of the tasks. For instance, a legal job requiring “bundling” left one applicant wondering if a machine performed the task or if it had to be done manually. Similarly, roles that mention data entry or client communication often lack clarity on whether assistive technologies are compatible with the job’s systems.

Real Nature of Jobs and Accessibility

The real nature of job roles can sometimes only be discovered during or after an interview. For example, a reception job described as welcoming customers “front of house” involved standing at a small pod, which was not initially clear. This led to the employee requesting a chair, highlighting the need for clearer job descriptions and better assessments of physical requirements.

Social Care and Attendance Issues

Managers often face situations where an employee cannot attend work because their caregiver did not show up. This underscores the reliance of some employees on timely social care support to perform basic daily functions, affecting their work attendance.

Technology Compatibility

Incompatibility between personal assistive technologies and internal IT systems is a common issue. Even when job descriptions and interviews go smoothly, the actual work can be hampered if the necessary technology is not supported, leading to significant delays and frustrations.

Misunderstandings and Assumptions

Misunderstandings about visible disabilities can lead to inappropriate assumptions

University Adjustments vs. Workplace Adjustments

Graduates with disabilities often find that workplace adjustments do not match those they had at university. This mismatch can result in a shaky start to their careers, with some needing up to six months to get the necessary adjustments. This lag can damage morale and hinder professional development.

Inclusive Policies and Workplace Adjustments

Data from the Great Big Workplace Adjustment Survey indicates that most disabled employees do not have the adjustments they need. About 60% of employees wait over a year for adjustments, with 8% waiting over two years. Only 19% said adjustments removed all barriers, indicating that adjustments alone are insufficient without an inclusive work culture.

The Broader Impact of Workplace Adjustments

When employees receive the adjustments they need, 60% report enjoying their job more, and 80% feel more productive and perform better. These adjustments also positively impact other areas of their lives, including social relationships and personal activities.

Key Factors for Success in Work and Life

Successful disabled employees often share common factors:

1. Strong Social Relationships: Supportive networks of friends, family, or partners.
2. Engagement in Activities Outside of Work: Hobbies, volunteering, or further studies.
3. Good Medical and Social Care Support: Regular engagement with healthcare providers.
4. Reliable Transport: Accessible transportation options.
5. Forthrightness: Confidence to communicate needs clearly.
6. Provision of Necessary Adjustments: Employers providing the required adjustments promptly.

Communication and Management

Effective communication is essential. Managers, often overwhelmed with responsibilities, need to prioritize understanding and implementing adjustments for their disabled employees to foster a genuinely inclusive workplace.

Guidance for Managers

Understanding the Basics

• Recognize Your Role: You don’t need to be an expert in disability, but you should be an empathetic and proactive problem-solver.
• Listen Actively: Your primary task is to listen to your employees’ needs and concerns.

Key Questions to Ask

• What Are You Finding Difficult?: A straightforward question to identify barriers.
• How Can I Help?: Focus on finding practical solutions without overcomplicating the conversation.

Practical Tips

• Admit When You Don’t Know: It’s okay to say, “I don’t know the answer, but I will find out and get back to you.”
• Follow Up: Ensure you follow through on any promises or commitments made during the conversation.
• Avoid Medicalization: Employees don’t need more doctors. Focus on their professional needs and workplace adjustments.

Considerations for Meetings

• Timing: Schedule meetings at times that are convenient for the employee, considering factors like fatigue.
• Location: Choose a setting that makes the employee comfortable, whether it’s a private room or a casual environment like a coffee shop.
• Medium: Be flexible with how meetings are conducted, whether in-person, over the phone, or via video call.

Guidance for Employees

Preparing for Conversations

• Identify Your Needs: Before meeting with your manager, reflect on what you find challenging and what specific support you need.
• Be Forthright: Clearly communicate your needs and preferences to your manager.

Structuring Your Request

• What Do You Want?: Describe your ideal work environment, tasks, and the type of support you envision.
• What Do You Need?: Specify the adjustments or resources necessary to achieve your ideal work setup.

Practical Tips

• Suggest Meeting Details: Propose times and places for discussions that work best for you.
• Leverage Your Strengths: Focus on your skills and how they can be best utilized in the workplace.
• Build a Support Network: Identify colleagues, mentors, and other professionals who can support you.

Creating a Supportive Work Environment

For Managers

• Encourage Open Communication: Foster an environment where employees feel safe to express their needs.
• Provide Training and Resources: Equip your team with the knowledge and tools to support colleagues with disabilities.

For Employees

• Self-Advocacy: Take charge of your needs and communicate them effectively.
• Utilize Available Resources: Make use of workplace accommodations, assistive technologies, and external support networks.

Employment Law and Rights for Adults with Cerebral Palsy

Understanding Your Rights Under The Equality Act 2010

The Equality Act 2010, which came into effect in October 2010, consolidates over 116 pieces of legislation into one comprehensive Act. This legislation is crucial for protecting individuals with disabilities, including cerebral palsy, in the workplace. Here’s what you need to know about your rights and protections under the Act:

Definition of Disability

Under the Equality Act, a person is considered disabled if they have a physical or mental impairment that has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities.

Your Rights and Protections

The Equality Act aims to support disabled workers through:

• Making Reasonable Adjustments: Employers are required to make necessary modifications to ensure a supportive work environment.
• Protection from Discrimination, Victimization, or Harassment: It is unlawful for employers to treat employees unfavorably due to their disability.

Types of Discrimination

1. Direct Discrimination: When someone is treated less favorably because of their disability.
2. Indirect Discrimination: Policies or practices that disadvantage disabled individuals.
3. Harassment and Victimization: Unwanted behavior or unfair treatment due to a disability.

Employment Tribunal Claims

Employers must adhere to the Equality Act to avoid discrimination claims, which can result in significant, uncapped compensation.

Disclosure of Disability

You are not obligated to disclose your disability to your employer. However, disclosing ensures you receive protection under the law and can request reasonable adjustments at any stage, including during the interview process.

Practical Advice for Job Seekers

1. Interview Stage: Request reasonable adjustments without necessarily disclosing your disability.
2. Job Offer Stage: Disclose your disability and discuss necessary adjustments to perform your role effectively.

Reasonable Adjustments

Reasonable adjustments can include:

• Flexible working arrangements
• Specific equipment or aids
• Modifications to workplace policies

Employer’s Responsibilities

Employers must:

• Understand their obligations under the Equality Act
• Engage with employees to provide necessary support
• Avoid discrimination through informed policies and practices

Discrimination Arising from Disability (Section 15)

• It is unlawful to treat someone unfavorably due to something arising from their disability.
• Employers can defend their actions if they show that the treatment is a proportionate means of achieving a legitimate aim, such as health and safety concerns.

Key Points for Engagement on Reasonable Adjustments

Shared Responsibility and Engagement

• Employers have a legal duty to make reasonable adjustments.
• Employees should engage in the process, suggesting potential solutions and sharing past successful adjustments.
• Lack of proactive engagement from employees can sometimes be criticized in case law.

Resources for Employers

• Occupational Health: Provides guidance on reasonable adjustments.
• Vocational Rehabilitation Advisors: Offer specific advice on adjustments and accommodations.
• Access to Work Scheme: Provides grants for adjustments, including equipment or support.

Importance of Communication

• Employees should clearly communicate their needs and document any refusals of necessary steps like referrals to occupational health.
• Employers should document meetings and agreements to show compliance and effort.

Grievance Procedures

• Formal grievances can address unresolved issues regarding reasonable adjustments, ensuring concerns are formally recorded and investigated.

Adjustments and Legal Standards

• Employers are not legally bound to implement every suggestion from occupational health but must seriously consider the recommendations.
• Employees can support their claims for necessary adjustments with evidence from their GP or specialist.

Proactive Measures

• Regular reviews and one-on-ones help ensure ongoing adjustments are effective.
• Both parties should be open to revisiting and adjusting accommodations as needed.

Documenting and Proving Claims

• Maintain detailed records of requests, refusals, and adjustments.
• Documentation can clarify the employer’s decision-making process and support potential legal claims.

Conclusion

Understanding your rights and the obligations of employers is crucial for a successful and supportive employment experience. By fostering a collaborative environment where both parties actively engage in finding practical solutions, reasonable adjustments can be effectively implemented, benefiting both the employee and the employer.