Reasonable adjustments disability passports

The social model of disability

The TUC has adopted the social model of disability.  The social model of disability focuses on the ways in which society is organised, and the social and institutional barriers which restrict disabled people’s opportunities. The social model sees the person first and argues that the barriers they face, in combination with their impairments, are what disables them.

Barriers can make it impossible or very difficult to access jobs, buildings or services, but the biggest barrier of all is the problem of people’s attitude to disability. Removing the barriers is the best way to include millions of disabled people in our society.

The duty to make reasonable adjustments

All employers have a legal duty under the Equality Act 2010 to proactively make reasonable adjustments to remove, reduce or prevent any disadvantages that disabled workers face.

The law recognises that to secure equality for disabled people work may need to be structured differently, support given, and barriers removed. It means that in certain circumstances disabled people may be treated more favourably than non-disabled people to ensure equality, but one disabled person cannot be treated more favourably than another disabled person.

An employer who fails to meet their legal duty under the Equality Act 2010 to make reasonable adjustments is in breach of the law and could be taken to an employment tribunal.

Public sector employers have an additional legal duty to consider or think about how their policies or decisions affect people who are protected under the Equality Act. This public sector equality duty will include public authorities considering how their policies affect disabled employees and taking steps to mitigate any adverse impact.
 

This is a live record of adjustments agreed between a worker and their manager to support them at work because of a health condition, impairment or disability. The passport supports members and their reps to work with employers to ensure that up-to-date, appropriate, practical and correct reasonable adjustments are in place.

The passporting system means that disabled members who move roles, or their line manager changes, do not have to re-explain or renegotiate their reasonable adjustments.

Section 1 of this document explains:

• the benefits of a reasonable adjustments disability passport
• how passports work
• why you should negotiate passports in your workplace.

Download model reasonable adjustment disability passports policy (pdf) and a model passport (pdf).

The reasonable adjustment disability passport system will help you and your members by putting in place a workplace process that supports all disabled staff members and helps eliminate barriers to full workplace participation.

It will ensure their reasonable adjustments are put in place and kept up to date, in line with changes in job role or fluctuations in members’ conditions. For some workers who have fluctuating conditions, additional steps can be spelt out regarding short-term flexibility required within the overall reasonable adjustments passport framework.

It will also make it easier for employers to comply with the law.

This document is written for trade union workplace reps; however, it will also be useful and informative for members.

Disabled people still face significant barriers to getting a job and staying in employment.

The TUC^[1] found that the disability employment gap, which is the difference between the employment rates of disabled and non-disabled people, continues to persist at over 30 per cent. Disabled people within the job market are also paid on average 15.2 per cent, or £3,000 a year less, than their non-disabled peers.

Research has also found that disabled people are twice as likely to fall out of work^[2] as non-disabled people, with one in ten disabled people leaving the labour market each year, compared to one in twenty non-disabled people.

The TUC’s vision is a future where all workplaces are accessible, inclusive and without barriers that prevent equal participation of disabled people. There is still a lot of work to do to meet this vision.

In the meantime, trade union reps must take steps to make sure that the adjustments put in place to assist members meet that aim and eliminate workplace barriers. 

Trade unions have a vital role in helping to address major work inequalities both through supporting their disabled members in work and ensuring that employers implement inclusive policies and practices in the workplace.

TUC research^[3] found that one of the most common issues for workplace reps was disability. Over half of reps dealt with disability-related issues between 2014 and 2016, showing the high prevalence of workplace disability-related issues.

These issues included ensuring employers put in place reasonable adjustments for their disabled workers as required by the Equality Act 2010.

Disabled members have told us that when they move roles or their line manager changes, they are often forced to re-explain and frequently renegotiate their reasonable adjustments.

This is both unnecessary and stressful. 

One way to address this is for reps to negotiate with employers the use of a reasonable adjustment disability passports. This can sit alongside the employer’s own disability policy, so that the circumstances of a particular individual are catered for.

This is a call for change from disabled members themselves

Disabled members and their union reps repeatedly report a specific issue that causes significant difficulties. This occurs when a disabled members’ line manager changes and despite the fact that reasonable adjustments have already been agreed with the previous manager, they are compelled to explain to the new manager just what their disability is and what reasonable adjustments they require to do their job and renegotiate them.

Going through this process can cause undue stress and anxiety. The need to explain again the adjustments which are necessary and have previously been agreed, arises because of inadequate handover between managers and often because the agreed adjustments are not recorded anywhere by the outgoing manager.

Disabled members have proposed the ‘passport’ approach to support workers to maintain their reasonable adjustments and avoid the stress of having to repeatedly renegotiate them.

The passport is a live record of adjustments agreed between a disabled worker and their manager to support them at work.

It is for workers to keep and share with anyone they think needs to know about the barriers that they face within or outside the workplace, and the adjustments needed to prevent or reduce the effect of those barriers in their work environment.

Barriers can include both attitudes and environmental factors. People who may need adjustments include both those with visible impairments (such as wheelchair users) and those with non-visible or ‘hidden’ conditions or impairments (such as people with a mental health condition).

The passport’s purpose is to:

• make sure that everyone is clear about what adjustments have been agreed and has a record of these
• reduce the need to reassess and renegotiate adjustments every time a worker changes jobs, is relocated or is assigned a new manager
• provide a worker and manager with the basis for future conversations about adjustments.

Control of the passport

The passports should only be shared with the incoming line manager once the written permission of the worker has been given. Although the worker has control of the information and who it is shared with, it is usual practice for the manager to have a signed copy as well, and sometimes the organisation’s HR or personnel team.

The passports and agreed reasonable adjustments should be reviewed six months after the adjustments have initially been put in place for two reasons: to ensure they remain effective in removing any identified workplace barriers; and where they are found no longer to meet that requirement, to allow a timely conversation to take place to identify adjustments that will address the issues faced by the worker.

Further reviews will be at the worker’s request, and/or when there is any change to a worker’s job that might create additional barriers. A check in these circumstances can ensure the adjustments are still appropriate and effective.

Changes to the type of reasonable adjustments that need to be considered are not uncommon. They can change for a number of reasons, including technological advances that may mean there are better ways to overcome workplace barriers, changes to a worker’s job or changes to an individuals’ condition.

Download model workplace policy (pdf)

Download model reasonable adjustments passport (pdf)