Remote working – a missed opportunity for business?
Head of Employment Law, Kate Lea, explains...
I read with interest today an article published online by the Evening Standard. It was an article that resonated with me as an employment lawyer who has spent much of my career advising disabled workers about their legal rights and entitlements. A career advising disabled workers who feel (often quite rightly) that they have been failed by their employers and let down by the system.
The article focused on working from home and how this was perceived as being a ‘game changer’ for disabled people. I think that is right. My disabled clients have reported how the ability to work from home has opened doors which previously were not open for them. It has enabled them to overcome workplace barriers that previously put them out of the job market and has given rise to opportunities that simply where not previously available to them.
For my clients who experience mobility issues and anxiety conditions the requirement to undertake a daily commute or work in a busy office is particularly dauting and difficult for them. The ability to work from home has allowed them (often for the first time) to fully participate in working life. The have shown how remote working can benefit not just them but also their employer. In summary, it has unlocked the true potential of an entire section of the workforce that was previously overlooked.
It was therefore disappointing, but not entirely surprising to read how, in the past two years the employment gap between disabled and others has not reduced. It has remained the same. The disability employment gap (DEG) has stuck at around 30 percentage points for over a decade. That can’t be because disabled people have stopped applying for jobs. It’s something more fundamental.
Scope research looking at 1,000 disabled people last year found the overwhelming majority felt remote working benefitted them and their employer. But many have not been offered the opportunity. Scope found 60 per cent of disabled people who left the workplace had not been offered this.
It is therefore particularly disappointing that more recently we have seen a drive by companies to return the workforce back to the office, which whilst no doubt welcome and beneficial for some, looks to deprive disabled workers of an adjustment that helped many disabled people gain and stay in employment.
The article reports this business tactic more as “folly”, noting that a 2023 Accenture report found companies that have led on key disability inclusion criteria saw 1.6 times more revenue, 2.6 times more net income and twice as much economic profit than other companies in the report. If we were to halve the DEG, we could see a £17 billion increase to the economy each year.
I agree. In recent years we have seen massive changes in how we work and do business. It has opened our eyes to new possibilities, opportunities and ways of working. The rush to return to the workplace in pursuit of increased productivity and profit is to my mind short-sighted and an opportunity missed. It also gives rise to the possibility of litigation and claims of discrimination where companies renege on remote work agreements without regard to an individual contractual entitlements and personal circumstances.
At Lawson West we have a team of employment lawyers experienced in advising on disability discrimination and all aspects of employment law. If anything in this article affects you or if you need any help and support then please do not hesitate to get in touch. It would be our pleasure to help and support you.
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