Following Disability Pride Month, we look to the past, present and future to examine how rights for people with disabilities in the workplace have developed in the UK and could develop further, before giving some practical steps for employers.

A brief history of disability laws

Disability law was driven by the rise in awareness of disability discrimination after the First and Second World Wars. In particular, the Disabled Persons (Employment) Act 1944 Act introduced some (quite limited) measures aimed at helping disabled people, including quota systems for many employers – and included a legal definition of a “disabled person.” Since then, legislation has evolved significantly. The Disability Discrimination Act 1995 was a key milestone, making it unlawful to discriminate against disabled people in employment and introducing the concept of ‘reasonable adjustments.’ The Equality Act 2010 now consolidates and strengthens these anti-discrimination laws and governs disability discrimination in employment today.

Current disability employment gap

Despite some progress over the past years, a recent briefing describing the ONS’ statistics indicates that the disability employment gap remains a significant issue in the UK. As at the last quarter of 2023, the employment rate for disabled people stands at 54.2%, compared to 82% for non-disabled people. This means that the ‘disability employment gap,’ i.e., the difference in the employment rate of disabled people and people who are not disabled, was 27.9 %.

The employment rate for disabled individuals is also reported to vary significantly based on the type of disability and the number of health conditions they have. For instance, the Department for Work and Pensions reports that “less than one-third of those with epilepsy, autism, severe or specific learning difficulties or mental illness as their primary or secondary condition were in employment.”

The future: plans for change?

Looking ahead, the new Labour Government has outlined ambitious plans to further support disabled individuals in their manifesto, in their Plan to Make Work Pay and, more recently, in the guidance notes to the King’s Speech. See here for further details.

Key relevant employment-related proposals include the creation of new laws and rights, such as:

• Introducing a draft Equality (Race and Disability) Bill, which (if passed) will:
  
  • introduce mandatory disability pay reporting: larger employers (those with 250 or more employees) would be required to publish disability pay gap data, building on the current gender pay gap reporting regime; and
  • extend the right to bring equal pay claims relating to disability (the current equal pay regime only applies to sex). It is important to remember that discrimination in pay because of disability (or any other protected characteristic) is already unlawful – so the Government is proposing to alter the legal mechanism for making that claim. Although this seems like a good move on its face, equal pay claims are notoriously complex to bring and the benefit of this new framework as opposed to the existing one is not entirely clear.
• Improving access to reasonable adjustments: In the Labour Party Manifesto, there was a commitment to “support disabled people to work by improving employment support and access to reasonable adjustments.” We await further details on what this might mean in practice but a strong commitment to support disabled people to work is a consistent theme. It seems that the law for disabled people, therefore, will be making further advances looking to the future.

It seems that the law for disabled people, therefore, will be making further advances looking to the future.

What can employers be doing now?

Despite the legal framework and future expected developments, employers can play a crucial role in helping to close the disability employment gap. Some practical steps employers could take include:

• Understand the existing barriers in your workplace: you can take the pulse by undertaking surveys or reviews on what disabled people are experiencing in your workplace.

• Create an inclusive environment: by fostering a culture of inclusivity where all employees feel valued. Employers should ensure that their policies, culture and practices go beyond simply promoting diversity and not excluding disabled individuals but seek to make positive steps towards true equity and inclusion. Key areas that often need improvement include recruitment and promotion processes (as part of a sourcing and retention plan), and clear communication of a disability inclusion plan.

• Reasonable adjustments: Employers are legally required to make reasonable adjustments. Adjustments will depend on the support needed but could include modifying the work environment, providing assistive technology, or offering flexible working arrangements. It is important for employers to remain open-minded even where adjustments may appear small; in the recent case Hilton-Webb v Minis Childcare, the employer was criticized for failing to simply provide documents in a larger font for an employee with a vision impairment. The process for obtaining reasonable adjustments also needs to be as simple as possible so it is not a barrier in itself to support.

• Training and awareness: Diversity, equity and inclusion training and anti-bullying and harassment training or training staff on disability awareness and inclusivity can help create a more supportive workplace. This includes understanding the different types of disabilities and how they can impact employees and training managers on how to handle conversations with direct reports.

• Non-visible disabilities: Employers should be aware of and accommodate non-visible disabilities, such as mental health conditions, chronic illnesses, and neurodivergent conditions. It is important to have clear policies and provide support tailored to individual needs.

• Regular reviews and feedback: Continuous assessment and feedback are crucial. Employers should regularly review their practices and seek feedback from disabled employees to identify areas for improvement. Having a positive culture of open and ongoing communications are vital.

While significant strides have been made in disability employment law in the UK, there is still much work to be done. By embracing the themes of tolerance and inclusivity, and by taking proactive and practical steps, employers can play an important role into supporting disabled persons into work and at the workplace. Looking to the future, the Government’s proposed changes need to be further detailed, but show a clear direction of travel of trying to close disability employment gaps.