Workplace Rights

We all have rights within work. Employers have a 'duty of care'. This means they must do all they reasonably can to support their employees' health, safety, and wellbeing.  

This includes: 

• making sure the working environment is safe. 
• protecting staff from discrimination 
• carrying out risk assessments 

Employers must treat mental and physical health as equally important. 

For some people who are living with a long-term health condition, the effect of it may mean they meet the definition of disability as defined under the Equality Act 2010.  

‘You’re disabled under the Equality Act 2010 if you have a physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on your ability to do normal daily activities.’ 

You may be unsure if you meet the definition of disability or may not wish to consider yourself as disabled or having a disability. Whether you do or not, your employer has a duty to ensure staff who are living with a health condition have the support they need to remain in or return to work. 

Your employer may not fully realise the effect your condition has on you and on your ability to work. Discussing this with them will help your employer better understand how they can help you to remain at work.  

The Equality Act also prevents employers asking pre-employment health questions that are designed to screen out disabled job applicants. It says that employers cannot ask job applicants about their health or disability until they have been offered a job, except in specific circumstances where the information is necessary for the application process or a requirement of the job. 

Employers must do all they reasonably can to support disabled employees, including job applicants, to remove barriers to the workplace.  

“After my diagnosis when I was off work, my employer sent me to be reviewed by an independent doctor who informed me that my condition ensured that I was protected by the Disability Act. This was reassuring to know as I’ve always worked since leaving Uni and I wanted to work, I’ve always been driven and wanted a successful career.” Delyth 

The key aim of duties under Equality Act and Disability Discrimination act (Northern Ireland), is to ensure disabled workers have the same access to work as non-disabled workers. 

In order to meet this duty, it may mean removing any physical barriers to working or providing extra support for people living with a long-term condition or disability. Often these adjustments will be simple, straightforward, and low-cost.  

There is no definitive list of what a reasonable adjustment is. The type of adjustments offered can vary depending on the role or size of organisation.  

Examples of reasonable adjustments. 

• Flexibility of work hours or start and finish time. From 6 April 2024, employees will be able to request flexible working from the first day of a job. Applying for flexible working. 
• Reduced hours or change to days you work. 
• Car parking space 
• Work from another location or working from home. 
• Time off for appointments or treatment. 
• Review some tasks on temporary or permanent basis. 
• Change of role. 
• Extra training or support. 

Access to Work will not pay for anything that they think could be considered under reasonable adjustments. These are the changes your employer must legally make to support you to do your job. AtW will consider your request for additional equipment or support beyond this. 

You might assume that there are no adjustments or equipment that would make a difference to your work capacity. However, an assessment of your workplace needs can often identify some useful suggestions that you were unaware of.  This can be done by an Occupational Health adviser or an independent Access to Work assessment. 

Your employer is required to consider any recommendations made as a result of a workplace assessment. 

If, despite having a report that details what you need, you continue to have difficulty securing them, then raise this with Access to Work, your line manager, HR, Health & Safety, or union rep.   

You can also contact ACAS helpline for advice. The ACAS helpline is for anyone who needs employment law or workplace advice, including employers, employees, and workers.  

ACAS Helpline, confidential, free advice - 0300 123 1100 

Information on rights