The question of whether disabled people should have a stronger legal right to work from home is back in focus as Parliament returns from its summer recess. The discussion comes as the government continues efforts to help more disabled people enter and remain in employment.
Liberal Democrat Baroness Teather asked ministers whether they supported giving disabled people greater flexible-working rights, including a possible “right to work from home unless there is a strong business case against it.”
The Department for Work and Pensions (DWP) pointed to existing employment protections and programmes intended to help sick and disabled people move into work. The DWP’s official employment support information provides details of its role and services.
Debate
Baroness Teather raised the issue of flexible working during parliamentary questions, asking whether the government supported additional rights for disabled people who may benefit from working remotely.
The proposal is particularly relevant to people whose health conditions or disabilities can make commuting, fixed working patterns or conventional workplaces difficult to manage.
Working from home can remove some of those barriers. However, whether it is practical depends heavily on the job. A worker whose duties can be completed remotely may have different options from someone whose role requires physical presence.
The wider debate is therefore about whether the existing legal framework provides enough flexibility for disabled workers or whether further rights are needed.
Response
DWP minister Baroness Sherlock said the government is working extensively with sick and disabled people to support them into employment.
She referred to programmes that connect people with employers and provide individualized support. The government’s Connect to Work programme is designed to help people with disabilities and health conditions find and retain employment.
Baroness Sherlock also highlighted the example of Jennifer, who worked with Connect to Work and received interview support before becoming a bus driver with Stagecoach.
The example demonstrates that employment support does not necessarily mean working remotely. Depending on an individual’s circumstances, useful assistance can include recruitment support, training, interview preparation and workplace adjustments.
Employment
The parliamentary discussion also highlighted the employment gap affecting adults with learning disabilities.
Only 5% of adults with learning disabilities are in paid work, despite 86% wanting employment, according to figures cited during the discussion.
Those figures illustrate why employment support remains an important policy issue. A person may want to work but still face barriers involving transportation, workplace accessibility, communication, health conditions or the recruitment process.
For some people, remote work could address part of the problem. For others, a different workplace adjustment or employment support programme may be more appropriate.
The government’s Disability Confident scheme is another official initiative aimed at helping employers recruit, retain and develop disabled people.
Flexibility
Under current UK law, employees have a statutory right to request flexible working. The GOV.UK flexible working guidance explains that eligible employees can request changes to their working arrangements, including changes to where they work.
A request can involve working from home, changing working hours or altering the number of days worked.
However, the current system does not give employees an automatic right to have a flexible-working request approved. Employers can refuse requests for certain permitted business reasons.
That distinction is important. A legal right to request home working is different from a legal right to work from home.
Adjustments
Disabled employees have additional protections under the Equality Act 2010.
The legislation can require employers to make reasonable adjustments when a disabled worker would otherwise face a substantial disadvantage compared with non-disabled people.
The Equality and Human Rights Commission’s official guidance explains employers’ responsibilities when employing disabled people and considering reasonable adjustments.
Depending on the circumstances, an adjustment can include allowing someone to work from home.
That does not mean every disabled employee is automatically entitled to remote working. Whether home working is a reasonable adjustment depends on the person’s circumstances, the nature of the disability, the duties involved and what is reasonable for the employer.
Proposal
The proposed “right to work from home unless there is a strong business case against it” would go further than the current flexible-working framework.
At present, employees can request flexible working, while disabled workers may have additional rights to reasonable adjustments under the Equality Act. A new legal entitlement would potentially change the balance between those rights and employers’ ability to determine where work is carried out.
Such a policy could be relevant for disabled people who can perform their duties remotely but experience significant barriers when travelling to or working in a conventional workplace.
However, many jobs cannot be performed from home. Bus driving, construction, manufacturing, hospitality and many health and care roles require employees to be physically present.
Any future legislation would therefore need to address how a proposed right would apply across different occupations.
Protections
The current system contains several separate forms of support.
| Area | Current position |
|---|---|
| Flexible working | Employees can make statutory requests |
| Home working | Can be requested as flexible working |
| Disabled workers | Additional Equality Act protections apply |
| Reasonable adjustments | Employers may need to make suitable changes |
| Employment support | DWP programmes can help people enter or remain in work |
The Acas guidance on flexible working also explains how employees can make requests and how employers should handle them.
These rules mean that a disabled employee considering home working may already have more than one route available, depending on their circumstances.
Outlook
There is currently no general automatic legal right for disabled people in the UK to work from home. Employees can request flexible working, while the Equality Act 2010 can require reasonable adjustments for disabled workers where appropriate.
The parliamentary discussion raises the question of whether those protections should be expanded. For now, however, the legal position remains based on the existing flexible-working and disability-discrimination frameworks.
For disabled workers, the most relevant option will depend on the nature of their job and individual circumstances. A proposed broader right to work from home would require a change to the current legal framework rather than simply an update to existing DWP guidance.
