Line Manager Toolkit - Civil Service Learning

Workplace Adjustments
Line Manager’s Best Practice Guide
December 2016
Main menu
Introduction and navigation
What is a workplace adjustment and why do we need to make them?
Legal definition
Identifying where workplace adjustments are needed and making one
Recruitment, induction, attendance and performance management
Further support and useful information
Feedback on this product
Introduction and navigation
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Introduction
This Line Manager’s Best Practice Guide has been developed to help
you understand what you can do to create a more inclusive culture in
your department. The Civil Service is committed to improving the
quality and delivery of public services for everyone in society.
Respecting and valuing differences helps to ensure our policies and
services reflect the needs and experiences of the people we serve. To
do this effectively, we need a Civil Service that is diverse – one that
reflects the society it serves.
This document is intended to help line managers to support employees
who need a workplace adjustment. Employees may also use this
document to find out more about workplace adjustments.
As a line manager, you have a responsibility to make sure employees
with a disability are treated fairly and have the same opportunities as
their non-disabled colleagues.
Employers are obliged to provide “reasonable adjustments” under the
Equality Act 2010 to employees with a disability. However aside from
the legal requirement, it is also good practice to consider a workplace
adjustment for any employee who experiences a barrier or difficulty at
work. For this reason, we refer to workplace adjustments as the steps
taken to remove, to reduce or to prevent the obstacles faced by all
employees. In all of our products we refer to workplace adjustments in
the wider sense and we specify where the action is only applicable to
employees with a disability.
What is a workplace adjustment and why do we
need to make them?
What is a workplace adjustment?
Employers may need to make adjustments to enable employees with a
disability to do their job. Workplace adjustments are used to remove
barriers, or a disadvantage, for people with a disability but could also help
people who don’t have a disability enabling them to to develop and fulfill
their potential. This could be a change to a policy, working arrangement or
providing equipment. Many adjustments don’t require a physical change.
Useful resources
You can access the Equality Act 2010 to
find out more about the requirements:
Equality Act 2010
Why do we need to make workplace adjustments?
By law, employers need to make adjustments to ensure employees with a
disability are not disadvantaged. But it isn't always that easy to establish
whether an employee has a disability. It is good practice to consider any
request for an adjustment, even if you don't know if they have a disability. It
is also important to have a discussion with your employee if you think they
may benefit from an adjustment. To be an inclusive employer, we
recognise that falling to make an adjustment can impact engagement,
productivity and morale.
The Equality Act 2010 makes it unlawful for employers to discriminate
against employees with disabilities. Employers have a duty to make
adjustments where the employee has a disability and faces a substantial
disadvantage. The Act comprises the three requirements when making
adjustments:
• changing the way things are done such as changing a policy on working
hours
• making changes to the physical environment, such as changing access
to a building
• providing aids and services such as assistive IT software.
Top tip
It is important to remember everyone is
different and that adjustments need to be
considered on an individual basis, case by
case basis.
Legal definition
What is a disability?
Disability is defined in different ways for different purposes. The
Equality Act 2010 defines a person as having a disability if they have a
physical or mental impairment, which has a substantial and long-term
adverse effect on their ability to carry out normal daily activities.
Under the Equality Act 2010, what is ‘reasonable’?
Whether an adjustment is ‘reasonable’ depends on the employee, the
organisation and the individual circumstances of each particular case.
Useful resources
You can find out more about the legal
definition of disability on Gov.uk:
Definition of Disability
You can find out more about the Equality
Act 2010 on the Equality and Human Rights
Commission website:
Equality Act Guidance
When trying to decide if something is reasonable you should consider
the following:
• effectiveness of the adjustment in removing the barrier or reducing
the disadvantage
• practicalities of making the adjustment i.e. making changes to a
listed building
• financial and other costs
• level of disruption caused
• effect on others
• availability of external financial support to help the organisation to
make the adjustment
• nature of the job, size and resources of the organisation.
Top tip
Other points to be aware of are:
• People who have had a disability in the
past are still protected by the Act from
discrimination because of that disability,
even if they have recovered,
• The Equality Act applies in England,
Scotland and Wales. The Disability
Discrimination Act 1995 still applies to
employees in Northern Ireland.
Identifying where workplace adjustments are needed
and making one
How will I know if a workplace adjustment is needed?
Making a workplace adjustment
Steps to making a workplace adjustment
Funding and appeals
Monitoring and evaluating adjustments
How will I know if a workplace adjustment is
needed?
There are some situations when you will be able to quickly establish if
any adjustments are needed, for example:
• You have a new starter who requires adjustments in place on their
first day.
• An employee develops a new condition or the impact of an existing
condition becomes more serious.
• A new line manager becomes responsible for an employee who
already has adjustments in place.
It can sometimes be hard to identify whether someone has a disability,
some employees may not tell you because:
• they don’t consider themselves disabled
• they don’t think they need an adjustment
• they are worried about being bullied or harassed or the impact upon
their job/career.
However, it is good practice to ask any employee who is experiencing
difficulties at work if they require an adjustment even if they have not
declared a disability. This could be through confidential one to one
conversations or by asking them if they have a Workplace Adjustment
Passport.
Top tip
At your first opportunity it is recommended
that you ask all of your employees through
one to one discussions if they have any
special requirements. A good manager will
look for signs that someone is experiencing
difficulties with their work, some of the
signs could be:
• performance at work has changed
• behaviour or interactions with colleagues
has changed
• attendance has deteriorated.
Eligibility
All employees who need an adjustment
should have one wherever possible. Many
adjustments are simple, do not have a
monetary cost attached and can be
implemented quickly.
Making a workplace adjustment (1)
Types of adjustment
Roles and responsibilities
There are many different barriers that staff might face and many types
of adjustments to help break these down. It's important to remember
that adjustments need to be considered on an individual basis and
discussed with your employee.
Useful resources
You can find examples of adjustments on
Civil Service Learning:
List of Common Workplace Adjustments
Different types of barriers
• Physical barriers – this could be steps in a building, adapted
furniture or an alarm that is just a sound but does not have a visual
way of alerting people.
• Organisational barriers – this could be a policy or working
practice that excludes or is a barrier to an employee with a disability.
An example could be introducing a new IT based package without
considering accessibility issues.
• Attitudinal barriers – this could be viewing people with disabilities
as passive, dependent or restricted. An example could be excluding
someone from a development opportunity, based on an
assumption, without checking with them.
You can find out more about employer’s
obligations and how to meet them on the
Equality and Human Rights Commission
website.
Top tip
You shouldn’t focus on someone’s disability,
but rather their ability and how to remove
the barrier(s) that stops them from reaching
their full potential.
Making a workplace adjustment (2)
Types of adjustment
Roles and responsibilities
Line Manager Responsibilities
A line manager should:
• treat each employee as an individual: an adjustment which is
appropriate for one person may not be appropriate for someone else
with the same condition
An employee should:
• be prepared to discuss their
requirements with their line manager and
engage fully with the process
• ensure they treat any request for an adjustment quickly and
confidentially
• record any adjustment requirements on
the Workplace Adjustment Passport
• arrange an early meeting with their employee to discuss their needs,
suggest the employee can be accompanied by a union rep, disability
network member or colleague if they would like the support
• speak to their line manager on a regular
basis about any on-going adjustment
needs
• Make and ask for suggestions about adjustment solutions
• inform their line manager if their
condition or requirements changes.
• consult with HR and experts where necessary including obtaining
medical advice where appropriate
• suggest the employee discusses what might help them in the
workplace with their doctor or other health professional
• record adjustment requirements on the Workplace Adjustments
Passport
• record any decisions about why a request has or has not been
agreed
• ensure agreed adjustments are implemented quickly and to a high
quality.
• check that the adjustment meets the employee’s needs and removes
the barrier
• agree to evaluate effectiveness of adjustments
•
review adjustments regularly
Employee responsibilities
Top tip
Offer to record the agreed adjustment on a
Workplace Adjustment Passport. The
employee can record all agreed workplace
adjustment requirements on this form. It will
also make conversations about workplace
adjustments easier when an employee
changes jobs, is assigned a new line
manager or moves between business units.
You can find a copy on Civil Service
Learning: Workplace Adjustment Passport
Steps to making a workplace adjustment (1)
Click on each step for further information
At all steps:
• engage with the employee
Step 1:
Identify
requirements
• take account of their views
• explain that you will be proactive in
arranging workplace adjustments.
Step 5:
Implementation
Step 4:
Decision
making
Step 2:
Consult with
experts
Step 3:
Conduct
Assessment
Steps to making a workplace adjustment (2)
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1 – identifying requirements
It is not always easy to identify whether an adjustment is required. As a
line manager you will already have regular conversations with your
employee and this is may be all that is required at this stage.
What do I need to do?
• Have a discussion with your employee. They may be able to suggest
a solution but don’t expect them to be an expert. They may still be
learning to live with a condition or disability or it may not be
diagnosed yet.
• Ask if they would like a union rep or colleague with them but be clear
it is an informal discussion.
• Ask them if they would like to discuss it with their doctor or other
medical adviser.
• Use Workplace Adjustment Referral Form to record the key details of
your discussion.
Confidentiality
Any information disclosed by the employee
should be treated as sensitive personal
information, given to you in confidence and
will be covered under the Data Protection
Act.
It may be necessary to share some
information with your workplace adjustment
team or Occupational Health provider; this
will need to be explained to the employee
and you may need them to sign a consent
form.
If you complete a Workplace Adjustment
passport information contained on the
passport should be restricted to details of
the agreed adjustment and should not
include personal information on an
individual’s health condition. The employee
will hold the document, with line managers
given a copy, both of which should be held
securely.
Steps to making a workplace adjustment (3)
Step 1
Step 2
Step 3
Step 4
Step 5
Useful contacts
Step 2 – consult with experts
Departmental Workplace Adjustment Team
Depending on the issues, you may be able to implement some
adjustments yourself straightaway.
HR Business Partner
Occupational Health Provider
For others you may need to consult with an expert, this could be your:
•
•
•
•
Workplace Adjustment team,
HR Business Partner,
Occupational Health provider
or the Civil Service Workplace Adjustment Team.
In some cases you will need to consult with specialist advisers for
example, if the employee has a hearing impairment.
You may be able to get advice on adjustments from a specialist
occupational adviser for the particular condition.
It can take time to arrange an expert assessment and so you need to
make sure you keep your employee informed.
Civil Service Workplace Adjustments
Service: [email protected]
or 0114 294 8902.
Steps to making a workplace adjustment (4)
Step 1
Step 2
Step 3
Step 4
Step 5
Useful contacts
Step 3 – conduct assessment
Departmental Workplace Adjustment Team
The assessment can be conducted as part of a conversation between a
line manager and employee, especially for straightforward adjustments
such as ordering a different keyboard or mouse, change of working
hours, etc.
If it is conducted by an expert, you will need to make arrangements and
you or your employee will be notified of the proposed date.
HR Business Partner
Occupational Health Provider
Civil Service Workplace Adjustments
Service: [email protected]
or 0114 294 8902.
Steps to making a workplace adjustment (5)
Step 1
Step 2
Step 3
Step 4
Step 5
Useful contacts
Step 4 – decision making
Departmental Workplace Adjustment Team
After you have gathered all of the information, you should be able to
make a decision. Many adjustments have little or no cost, which means
for the majority of cases you will be able to easily decide to implement
an adjustment.
When implementing an adjustment you need to consider :
• how much it will reduce or remove the difficulty or barrier faced by
the employee
• practical issues for example it may not be possible to change lighting
for an employee in an open-plan office
• how to reorganise work duties or hours to help the employee, this is
sometimes known as job carving.
HR Business Partner
Occupational Health Provider
Civil Service Workplace Adjustments
Service: [email protected]
or 0114 294 8902.
Steps to making a workplace adjustment (6)
Step 1
Step 2
Step 3
Step 4
Step 5
Useful contacts
Step 5- implementing
Departmental Workplace Adjustment Team
• Once an adjustment has been identified, it is important that is it is
implemented as soon as possible.
HR Business Partner
• Adjustments should be made in a timely manner.
Occupational Health Provider
Civil Service Workplace Adjustments
Service: [email protected]
or 0114 294 8902.
Funding and appeals
Who pays for workplace adjustments?
The cost of providing an adjustment can be a key factor in deciding
whether an adjustment is reasonable. However, the majority of
adjustments can be inexpensive or free of charge.
As an employer you need to remember there is a legal duty to make
reasonable steps to remove or reduce a barrier that is causing a
substantial disadvantage.
Top Tips
Cost is an important consideration, but in
most cases the cost of providing an
adjustment should not be the only reason
when deciding to implement or refuse an
adjustment.
It is important to remember the benefits you
will gain too when the employee has this
barrier removed.
Employees may be able to get help from Access to Work towards
costs, however this is not available to all departments. You will need to
check with your department or local Access to Work team.
Appeals process
If the employee is not satisfied with the decision, you can consult with
your Countersigning Officer or the Civil Service Workplace Adjustment
Team through the review route.
If having pursued these routes, an agreement cannot be reached you
should follow the departmental Grievance procedures. You should
advise the employee that they can seek advice through their union.
Useful resources
You can find more information on Access to
Work on the Gov.uk website:
Access to Work
You can access support from the Civil
Service Workplace Adjustments Service at
[email protected] or 0114
294 8902.
Monitoring and reviewing adjustments
Feedback
Your Workplace Adjustment Team may ask for feedback once the
workplace adjustment(s) has been put in place.
Reviewing adjustments
All requests for adjustments should be monitored and reviewed
regularly with the individual, to ensure they remain effective.
You may need to review the adjustments if there is a change in
circumstances, condition or job role.
As a minimum, adjustments should be reviewed annually but more
often for new adjustments.
Adjustments should be recorded on a Workplace Adjustment Passport
to allow easy transition between job roles, line managers or
departments.
Review route
The Civil Service Workplace Adjustment
Team offers a review route for employees
and line managers who are experiencing
difficulties or significant delays in their
attempts to implement appropriate
adjustments.
This route supplements existing
departmental procedures and should be
used where expert independent advice is
needed to progress an adjustment request.
You can access support from the Civil
Service Workplace Adjustments Service at
[email protected] or 0114
294 8902.
Recruitment, induction, attendance and
performance management
Recruitment
Induction, attendance management and performance management
Recruitment (1)
Job adverts
Interviews
Assessment centres
When writing job adverts:
• use a font that is easy and large enough to read and format is
compatible with assistive software.
• make sure the language used in the job description or person
specification does not exclude anyone, by avoiding statements like
‘must be able to work under pressure’
• place more emphasis on skills, experience and the standards
required instead of qualifications
• provide a clear contact route (i.e. email address and/or telephone
number)
• state that the organisation will consider flexible working or workplace
adjustments where appropriate, along with a commitment to the
assessment process, equality and diversity.
Employers are not allowed to ask applicants about their disability or
health condition until a formal job offer has been made. There are some
exceptions to this including:
• to find out if any adjustments are needed to enable the applicant to
participate in the recruitment process.
Useful information
It is important to recognise that the Equality
Act 2010 applies to applicants as well as
employees.
The Disability Confident scheme helps
employers make the most of the opportunities
provided by employing disabled people. You
can find guidance and case studies about
employing and retaining disabled people and
people with health conditions. Visit Gov.uk to
find out more: Disability Confident
Recruitment (2)
Job adverts
Interviews
Assessment centres
Useful information
When inviting an applicant to an interview you should ask all applicants
to let you know their requirements for the interview to allow you time to
make any adjustments.
It is important to recognise that the Equality
Act 2010 applies to applicants as well as
employees.
Some other points to remember:
• be flexible on the time, for example making adjustments for someone
who needs to take medication at a prescribed time of day
• make sure that the location is in an accessible location with disabled
and/or available car parking and is an appropriate environment for
the candidate. For example some neurodiverse conditions can mean
that an individual is particularly sensitive to overly bright lights, has
low tolerance to background noise (e.g. communal area/traffic noise
from a busy road near to a window).
• wheelchair access to the building/interview room.
• audio Induction Loop System in the test room for hearing impaired.
• consider alternative methods of interview such as by video
conference.
• consider the physical environment, avoiding difficult sensory impacts
such as noise or lighting where possible
The Disability Confident scheme helps
employers make the most of the
opportunities provided by employing
disabled people. You can find guidance and
case studies about employing and retaining
disabled people and people with health
conditions. Visit Gov.uk to find out more:
Disability Confident
Recruitment (3)
Job adverts
Interviews
Assessment centres
Assessment centres vary in their design and components. Most are
designed to assess observable behaviours, knowledge and skills of
candidates in inter-personal interactions and/or in written exercises
(e.g. in-tray) or both. The exact nature of the assessment centre, along
with the candidate’s specific needs, will inform the exact adjustments
required. Adjustments may include:
• extra time
• enlarged documents (e.g. A3) or documents with enlarged font
• use of a laptop/word processor (with or without assistive software)
• reader – someone to read out the written material to the candidate
• scribe/writer – someone to write down responses on behalf of the
candidate.
For advice on assessment methods/processes and adjustments to
these, contact Civil Service Resourcing Occupational Psychologists
[email protected]
Useful information
When making adjustments, care should be
taken to ensure the adjustments eliminate
obstacles that are immaterial to what the
test is intended to measure and should not
compromise the integrity of the test or
invalidate the results.
Consultation with the test provider can help
to ensure that the most appropriate
changes to testing materials and/or
procedures enables the candidate with a
disability to participate in the assessment
on a level playing field with other nondisabled candidates, allowing their true
knowledge/skills/abilities to be assessed
rather than their disability.
Induction, attendance management and
performance management
Induction
Attendance management
Before a new employee starts work you need to check that all of your
induction processes are accessible. It is also good practice to contact
the new employee prior to them taking up post to check whether they
require any workplace adjustments, this will enable the employee (or
line manager) to make arrangements to have these in place from day
one.
As a manager it is your responsibility to ensure your employee has the
right equipment and the necessary workplace adjustments have been
made so that they can perform their job.
On the first day it is a good idea to have a discussion with the individual
to establish whether any adjustments are required and to use the
Workplace Adjustment Passport to record this discussion.
As a line manager you:
• focus on acting early and being proactive
about addressing health issues which
may affect attendance
• work with your employee to remove
barriers to work.
Performance management
Everyone will have changes in their performance levels and this could
be for a number of reasons. Before starting any formal action to deal
with performance, you need to consider whether there are any
underlying causes or further issues impacting on performance and, if
so, whether any adjustments are required.
Line Managers should take into account any workplace adjustments
when setting objectives or changing targets. Workplace adjustments
help to create a level playing field when performance is assessed.
Top tip
Employees with a disability or long-term
health condition can experience changes in
their condition. Such changes might manifest
in relation to attendance, behaviour or
conduct.
Before taking action to manage poor
performance you need to consider if a
workplace adjustment could support them to
improve their performance.
Further support and useful information
Further support
Conditions and suggested adjustments
Useful resources
Further support
General support
You should seek advice and support from your local HR team when
considering any requests from members of staff.
Occupational Health
HR Casework
For further advice on complex cases support is also available from the
Civil Service Workplace Adjustments Service at
[email protected] or 0114 294 8902.
Your employee can also seek advice from their Trade Union.
Access to work
Access to Work can provide funding for
employers based in England, Scotland and
Wales. An Access to Work grant can be
obtained to pay for the cost of support for
adjustments such as:
• special aids and equipment
• travel to and from work
• communication support or a support
worker.
You will need to check if your department is
eligible to apply. To find out more about
how to apply and eligibility, visit the Gov.uk
website: Access to Work
Conditions and suggested adjustments
Note: These are only a few examples there will be many more helpful adjustments and every case will be
different. In all cases managers need to explore what might be appropriate with the employee, seeking
specialist advice when necessary. Be imaginative and proactive about what will help the employee.
Autism Spectrum conditions
Dyslexia and other Neurodiverse conditions/Specific Learning Difficulties
Mental health conditions
Visual impairments
Hearing impairments
Physical impairments
Autism Spectrum conditions
Useful information
Employees on the spectrum of autism such as Asperger’s Syndrome
may find certain tasks difficult, such as:
National Autistic Society
Prospect Neurodiversity Guidance
• communicating
• social interaction and meeting new people
• managing change
Adjustments for an employee with an autism spectrum condition could
include:
• maintaining a structured working environment and routine
• job-crafting – identifying the aspects of the job that are of strength for
the individual and creating more opportunities for these
• avoiding figurative language or statements/instructions that could be
misinterpreted and taken literally or are not clear and specific.
• avoiding sensory distractions such as noise or light where necessary.
• using more visual materials in guidance such as a photograph of the
building in an induction pack
• providing a fixed desk instead of using a hot-desking policy.
Dyslexia and other Neurodiverse conditions
Useful information
Employees with dyslexia may have difficulties reading, writing and
spelling. They may also have difficulties with their working memory and
processing speed; conditions such as dyspraxia, dyscalculia and ADHD
also present with cognitive difficulties which often have overlap with
dyslexia and each other and each may affect work tasks. They may find
certain tasks difficult, such as:
• note taking
• remembering spoken instructions/telephone messages
• concentrating for long periods of time
• drafting documents.
Adjustments for an employee could include:
• providing software which can convert text to speech or vice versa
• allowing meetings to be recorded
• providing a quiet workspace/office free from noise/distractions
• providing information on coloured paper.
British Dyslexia Association
Prospect Neurodiversity Guidance
Mental health conditions
Mental health can cover a wide range of conditions which can affect
how your employee at work, different conditions could include:
depression, anxiety, bipolar, obsessive compulsive disorder and many
others. Mind has a very useful A-Z section that gives comprehensive
information on a wide range of mental health conditions: A to Z
Rethink have developed a Wellness Recovery Action Plan (WRAP)
The WRAP provides a useful framework to facilitate discussions
between employees and managers about mental ill health. Crucially, it
enables both parties to be proactive about managing a mental health
condition so that employees are supported as far as possible to stay
well and in work but the manager will know what the employee wants
them to do if they become unwell or who to contact in a crisis.
With the right support from their line manager, employees with a mental
health condition can continue to work and being at work could help their
condition. If you have an employee with a mental health condition it is
important you have regular, open discussions and talk about what
adjustments they may need.
Adjustments for employees with a mental health condition could
include:
• offering flexible working, changing start and finish times
• changing the environment by providing a quiet place to work
• changing duties or job role
• avoiding hard targets and deadlines
• working with them to create an action plan to help them manage their
condition
• offering a mentor or buddy.
Useful information
MIND
Rethink
Samaritans
Time to Change
Help in a crisis
The attached plan is designed to assist you
if your employee’s health breaks down at
work and you are concerned for their safety
and/or they have told you they are thinking
of self-harm or suicide.
Visual impairments
Useful information
An employee could be registered blind or partially sighted, or it could be
a condition such as glaucoma which affects vision.
Adjustments for employees who are blind or partially sighted could
include:
• supplying documents in alternative formats such as audio or Braille
• providing software or IT equipment that magnifies text or converts
text to sound.
Action for Blind People
Royal National Institute of Blind People
Hearing impairments
Useful information
An employee with a hearing impairment may have: partial or complete
hearing loss. They may have a condition such as Tinnitus, which can
affect your hearing in different ways.
There are many people who may experience different levels of hearing
loss and some adjustments could include:
• providing adapted equipment such as a headset or telephone
• allowing a quiet area away from distracting noises
• providing a British Sign Language interpreter at meetings.
Action on Hearing Loss
British Tinnitus Association
Physical impairments
Useful information
Can limit an employee’s ability to do a physical activity such as walking.
These impairments could be due to a condition or injury. Some
employees may use a mobility aid such as a wheelchair to assist them.
Adjustments for a physically impaired employee could include:
• making sure an office is accessible and free of obstruction
• providing adapted equipment or furniture
Epilepsy Action
MS Society
Useful resources
Learning and Supporting products
The following websites provide more information which may be
useful:
AbilityNet
If you wish to learn more, there are a
number of learning products available on
Civil Service Learning:
Becoming disability confident
Becoming a Dementia Friend
Business Disability Forum
Disability awareness (e-learning)
Equality and diversity essentials
Centre of Accessible Environments
Disability Confident
Equality and Human Rights Commission
Mental health at work
Mental health conditions and dementia:
support for customers
Unconscious bias
Unconscious bias (e-learning)
Government Equalities Office
Mindful Employer
Remploy: A to Z of Disabilities
List of Common Workplace Adjustments
Supporting Disabled Employees Line
Manager Best Practice Guide
Workplace Adjustment Passport
Feedback on this product
The Line Manager Best Practice Guide approach has been developed
following feedback from departments and has been designed so that
managers can quickly and easily find and understand the information
they need.
We would be grateful if you could provide any feedback or comments
to: [email protected]