Sickness Absence - Planning and undertaking workplace adjustments
Keeping in contact with employees while they are absent will help plan any adjustments to their work that may be needed for their return. Planning action with the employee will help them feel closer to the goal of getting back as soon as is appropriate. Some adjustments may also be necessary to enable employees with illnesses that could worsen over time to stay in post.
In general terms, the purpose of adjustments is to:
- return the employee to their existing job with such modifications as are needed, or to an alternative one if there are no adjustments that would make this possible;
- retain valuable skills;
- remove the problems or barriers that would otherwise make return to work difficult.
Becoming disability aware
If the employee is or becomes disabled, you are legally required under the Disability Discrimination Act (DDA) 1995 to make reasonable adjustments to enable the employee to continue working. It does not follow that all disabled people will need permanent adjustments to help them work, many will not. But if an individual does need such help, you need to make sure that you do all you reasonably can to modify their job, including access to it, and/or their working arrangements. What is reasonable will depend on:
- the financial and other impact of modifications on the business and its activities;
- how effective modifications are likely to be;
- the particular needs of the individual employee, not the nature of their disability alone; and
- the availability of financial or other assistance for the employer (e.g. the Access to Work (AtW) Scheme).
If you know that an employee is disabled then you have a duty to comply with the DDA. But disability is not always a clear-cut issue. The DDA covers some conditions that you cannot readily ‘see’ like diabetes, for which no adjustments may be necessary unless there are additional factors. By contrast, someone in pain may not be disabled under the DDA, but they may need help to return. But if an everyday mental or physical condition persists in the longer term the person concerned may become disabled under the DDA.
How do I find out about what adjustments are needed?
Adjustments need not be difficult. You can often find solutions by working together with the employee and with trade union and other employee representatives without external advice. But there will be times when it is helpful to have professional advice.
The key steps in planning adjustments are:
- in discussion with the employee, forming a view of their needs and capability;
- seeking professional advice, when necessary, to help make informed decisions;
- assessing the possible barriers to their return;
- considering, with trade union or other employee representatives, the modifications or adjustments needed to overcome the barriers;
- reviewing health and safety risk assessments in the light of the proposed modifications;
- reviewing how well the modifications or adjustments work.
Start by gathering information from the employee concerned about the kind of help they might need to get back to work. Remember that information about an employee’s health should not be revealed to teammates, colleagues or trade union and other employee representatives unless you have the informed consent of the employee concerned. The task will be made much easier if there is an established a climate of trust. Employees need to be confident that any information they give will not be shared inappropriately or used against them. The information that may be discussed with your employee may include:
- what would help them to return and what would hinder them, e.g. would anything about the job or the hours of work need to be changed or modified?
- any side effects of ongoing treatment or medication which could affect work;
- a rough estimate of when return to work might be possible;
- whether they have discussed returning to work with their GP and any advice they have been given about returning to work;
- further information which a specialist, e.g. an occupational health practitioner, may need to give.
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Making reasonable adjustments
Use the experience of the employee concerned, their teammates and trade union or other employee representatives to help you identify reasonable adjustments. This will of course need to give appropriate regard to the employee’s right for privacy for health and personal information.
For some people with mental health conditions, appropriate adjustments may include building up to normal workloads over a period of time, and regular meetings with line managers and colleagues to support and encourage the employee. It is important to talk to the employee concerned about the kind of support and adjustments they may need and take expert advice if necessary.
If the mental health condition arises from stress at work you will need to review the management system and how it could be altered to avoid pressures building up. Suitable training could help with this. HSE has published advice on managing work-related stress and on your legal duties. This will help you find out if you have a problem with stress in the workplace and develop solutions.
Do avoid making stereotypical assumptions about the capabilities of disabled people. These are unfounded and illegal. In fact, many people’s disabilities have no impact on their job. As few as 4% of disabled people of working age need additional aids or health-related treatment that would interfere with working. The best advice will come from the people themselves, their GPs or disability employment services, disability charities and trade union equality or disability representatives.
Ill health or injury is sometimes traceable to a specific event in or out of the workplace such as an accident, excessive lifting, acute or regular exposure to hazardous substances, or traumatic occasions. Much more often it results from a combination of factors such as increased workloads, lack of control over work, failure to take breaks, or pressures and activities outside work. Pain and discomfort feel more acute when there are other difficulties to deal with at the same time, so it pays to consider the job in the round. For instance in the case of back pain, consider management and work systems as well as working positions, awkward movements and seating. Employees will readjust more easily and gain confidence to cope with, e.g. lingering pain, or depression brought about by events outside work, if they feel supported at work, demands are reasonable and tasks are satisfying.
Examples of reasonable adjustments
Reasonable adjustments could be introduced temporarily while the employee regains strength, mobility or capacity to work, or they could form reasonable adjustments on a permanent basis to allow disabled employees to continue to work.
Adjustments to working arrangements
- Allow a phased return to work to build up strength, e.g. building up from part-time to full-time hours over a period of weeks;
- Change individuals’ working hours to allow travel at quieter times, or allow flexible working to ease their work-life balance.
- Provide help with transport to and from work, e.g. organising lifts to work or for a disabled employee, finding out what help may be available to them through the Access to Work Scheme.
- Arrange home working (providing a safe working environment can be maintained).
- Allow the employee to be absent during working hours for rehabilitation assessment or treatment.
Adjustments to premises
- Move tasks to more accessible areas and closer to washing and toilet facilities.
- Make alterations to premises, e.g. providing a ramp for people who find steps difficult, improving lighting where sight-impaired employees work, providing clear visual signs and alerts for deaf employees.
Adjustments to the job
- Provide new or modify existing equipment and tools, including IT, modified keyboards etc.
- Modify workstations, furniture, movement patterns.
- Provide additional training for employees to do their job, e.g. refresher courses.
- Modify instructions or reference manuals.
- Modify work patterns or management systems and styles to reduce pressures and give the employee more control.
- Arrange telephone conferences to reduce travel, or if face-to-face meetings cause anxiety.
- Modify procedures for testing or assessment.
- Provide a mentor to the employee while they gain confidence back at work.
- Provide supervision.
- Reallocate work within the employee’s team.
- Provide alternative work.
Next: Making use of professional advice
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