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 Navigation You can navigate quickly to the section that interests you using the menu. Where sections have multiple tabs, you simply need to click on the tab to view the information it contains. Previous Page - return to the last page viewed Next Page - proceed to the next page in the topic area Home - return to the main menu Section menu – return to the menu of the current section 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. 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