Making Reasonable Adjustments and Access to Work Guidance
If a colleague requires workplace adjustments due to their disability, neurodiverse or longterm condition (LTC) we have a duty to make reasonable adjustments. This may include mental health conditions, physical, sensory or neurodiverse conditions, sometimes these may be hidden disabilities.
Workplace adjustments may be appropriate when a colleague has self-identified themselves as needing reasonable adjustments or support (but not necessarily have been formally diagnosed), or there has been a recommendation from Occupational Health. Adjustments could be of a permanent or temporary nature depending on the situation. If as a manager you are not sure whether adjustments would be appropriate consider seeking the colleague’s permission to complete a management referral to Occupational Health for further advice.
Not every adjustment will benefit everyone, so it is advised that you take a tailored approach based on the individual, their condition and requirements. Some ideas for adjustments are available here: here is a list of some adjustments to consider, NHS Employers also have an Infographic here. We also offer a number of software packages such as Caption ED, Dragon Naturally Speaking and Global AutoCorrect, which can support using Technology. These can be accessed via the IT Self Service Catalogue
The Health and Wellbeing passport is useful in allowing colleagues to share their own needs as they will have a better understanding of how they manage their condition and what impact on them. It is important to have regular wellbeing conversations to revisit adjustments, at least every 12 months, as needs may evolve and change over time. Any changes could be documented on the Health and Wellbeing Passport and provide the colleague with a document that they can share with a new Manager should they change their role in the Trust.
Managers are also advised to refer to the Trust’s Employee Wellbeing and Attendance Management Policy available here. For neurodivergent colleagues, we also have some intranet pages on Neurodiverse conditions and also some guidance on ‘How to Support Neurodiverse colleagues at SaTH’. You can seek further advice and guidance from the People Advisory Team via 2891 or sath.hradvice@nhs.net.
The Equality Act 2010 provides a legal framework to effectively tackle disadvantage and discrimination. It is discrimination to treat a disabled person unfavourably because of something connected with their disability. This type of discrimination is unlawful where the employer knows, or could reasonably be expected to know, that the person has a disability.
A person is disabled under the Equality Act 2010 if they have a physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on their ability to do normal daily activities. ‘Substantial’ is more than minor or trivial, e.g. it takes much longer than it usually would to complete a daily task like getting dressed. ‘Long-term’ means 12 months or more.
Do’s and Don’ts for managers
Do…
• Discuss the situation fully and openly with the employee and seek their views on changes to working practices or physical alterations
• Make a full and proper assessment of the employee’s abilities
• Seek medical advice about the effects of the employee’s condition and their abilities
• Give full and fair consideration to all reasonable possibilities
• Take proactive approach to redeployment/ alternative work
• Review expectations for reasonable adjustment as part of a wellbeing conversation
Don’t…
• Make assumptions about the disabled employee’s abilities
• Let time slip by without proactive management
• Overlook the disabled employee’s skills, experience and positive qualities
Access to Work
Access to Work can help you stay in work if you have a physical or mental health condition or disability. The below information was accurate at the time of writing this guidance but could change. For the most up to date guidance please click here.
The support you get will depend on your needs. Through Access to Work, you can apply for:
• A grant to help pay for practical support with your work
• Support with managing your mental health at work
Access to Work could give you a grant to help pay for things like:
• Specialist equipment and assistive software
• Support workers, like a BSL interpreter, a job coach or a travel buddy
• Costs of travelling to work, if you cannot use public transport
• Adaptations to your vehicle so you can get to work
• Physical changes to your workplace
Your workplace can include your home if you work from there some or all of the time. It does not matter how much you earn. If you get an Access to Work grant, it will not affect any other benefits you get and you will not have to pay it back.
How to apply
Check you’re eligible and then apply for an Access to Work grant. You cannot get Access to Work support for voluntary work. You can still apply for Access to Work if you’re working from home some or all of the time. You must have a disability, illness or health condition that means you need support to do your job.
This can include, for example:
• A physical disability, for example if you’re hard of hearing or use a wheelchair
• A learning disability or related condition, for example if you have Down’s syndrome
• A developmental condition, like autism spectrum disorder
• Having ADHD or dyslexia
• An illness such as diabetes or epilepsy
• A temporary condition, like a broken leg
• A mental health condition, for example anxiety or depression
You do not need to be diagnosed with a condition to apply.
Mental health support from SaTH and via Access to Work
In addition to the support available from the Trust available here, you can get support to manage your mental health at work from Access to Work, which might include:
• A tailored plan to help you get or stay in work
• One-to-one sessions with a mental health professional
You can still get Access to Work for mental health services by applying for support from Able Futures or Maximus. They will contact Access to Work on your behalf. You will not need to tell your employer.
What Access to Work will not pay for
Access to Work will not pay for reasonable adjustments. These are the changes your employer must legally make to support you to do your job.
Access to Work will advise your employer if changes should be made as reasonable adjustments.
• Your income and benefits
You can get support from Access to Work:
• However much you earn or have in savings
• At the same time as most benefits, as long as you work more than 1 hour a week
If you’re getting Employment and Support Allowance (ESA)
You can get Access to Work and ESA at the same time if you work less than 16 hours a week. There are rules about working while claiming ESA. You can ask your work coach for advice and support.
Applying
You can apply for Access to Work online or by phone.
You’ll need to give:
• Your contact details
• Your workplace address and postcode
• information about how your condition affects your work and what support you think you need
• Details of a workplace contact who can confirm you work there, if you’re employed (they will not be contacted without your permission)
• Your Unique Taxpayer Reference (UTR) number, if you’re self-employed
It is important to indicate on the application your managers name and contact details to Access to Work so all parties are kept in the loop of application.
If you need the form in other formats, such as braille, large print or audio CD, call the Access to Work helpline. Apply online at the link here.
Apply by phone
You can apply by calling the Access to Work helpline. Make sure you have all the necessary details with you when you call.
Access to Work helpline
Telephone: 0800 121 7479
Textphone: 0800 121 7579
Relay UK (if you cannot hear or speak on the phone): 18001 then 0800 121 7479 British Sign Language (BSL) video relay service if you’re on a computer - find out how to use the service on mobile or tablet.
Monday to Friday, 9am to 5pm. Find out about call charges
If phone calls are difficult for you (for example, because you’re deaf or hard of hearing), you can ask for all communication to be by email instead.
After you apply for the grant
Access to Work will allocate an assessor and contact the applicant to arrange for a workplace assessment. This can be online or in person. Someone from Access to Work will contact you to talk about your application.
The person who contacts you may ask:
• For more information about your work and your disability or health condition
• For permission to speak to your employer
• To arrange for an assessor to call you or view your workplace by video call or in personto find out what changes might help
You’ll get a letter with a decision and explanation. It will tell you how much your grant will be and what it should pay for. Access to Work will confirm support via post (current lead time is up to 18 weeks, this is subject to change).
Once confirmation received from Access to Work, contact your manager and liaise with your nominated People Advisor in the People Advisory Team around the suggested recommendations by Access to Work.
If there are delays in the equipment or adjustments being put in place, the manager needs to consult advice from Occupational Health to see if a temporary adjustment could be made whilst waiting for equipment to arrive.
Manager to track order and liaise with procurement/IT for updates. Consideration will need to be given to ensure equipment/systems/software etc are compatible with NHS guidelines and governance policy.
If your circumstances change
You must tell Access to Work by calling the helpline if your circumstances change.
This could be if, for example:
• Your name, address, contact details or workplace address changes
• You change jobs
• Your disability, illness or health condition changes
If you disagree with a decision or want to complain
• If you disagree with the decision, call the Access to Work helpline to ask someone to reconsider your application.
• You can also call the helpline if you’re unhappy with how your case has been handled or the service you’ve received.
For further information on making a claim online or by post visit the webpage here.
Or for information on renewing a grant go to the Access to Work webpage here
• National Autistic Society
• Dyspraxia Foundation
• British Dyslexia Association
• The British Psychological Society
• SaTH Neurodiversity Support Guidance