If you’ve developed a health condition or become disabled, you probably want to know whether you can take time off work, do more flexible hours, or have adjustments made to your job or place of employment. Here’s a summary of your legal rights at work, and support to help you keep working.
Your legal rights as a disabled worker
All employees have rights. For example, you have a right to paid holidays and to be paid at least the National Minimum Wage.
If you’re a disabled worker, you have extra rights at work.
What are your rights as a disabled worker?
By law, your employer:
- isn’t allowed to discriminate against you because you’re disabled
- must keep your job open for you, and can’t pressure you to resign because you’ve become disabled
- must make reasonable adjustments to your place of work, the job you do, or the terms and conditions of your employment.
Who does disability legislation apply to?
These extra rights might apply to you, even if you don’t think of yourself as disabled.
For example, if you have a physical condition such as:
- cancer,
- MS or HIV, or
- a mental illness, such as depression.
The legislation applies to anyone who has ‘a physical or mental impairment that has a substantial and long-term adverse effect’ on their ability to carry out day-to-day activities.
Find out what counts as a physical or mental impairmentOpens in a new window on the Acas website.
Reasonable adjustments
Your employer must make ‘reasonable adjustments’ so that you’re not disadvantaged at work.
These could include:
- providing extra services, such as an interpreter
- adapting the workplace, for example by providing ramps
- flexible working hours, such as time off for appointments or more breaks
- giving you alternative duties or moving you to a more suitable workplace
- providing specially adapted equipment, such as a computer, keyboard, telephone, chair or desk.
Before asking your employer for such adjustments, it’s a good idea to find out what others have found useful in your situation.
If you’re a member of a trade union, they might be able to help.
Or contact an organisation for people with a similar injury, illness or disability.
Find links to disabled groups and specific organisations:
- in England or Wales, on ScopeOpens in a new window
- in Scotland, on Disability Information ScotlandOpens in a new window
- in Northern Ireland, on Disability ActionOpens in a new window
Your employer isn’t required to do everything you ask for. The adjustment must be ‘reasonable’. And if something is too expensive, it might not count as reasonable.
If your employer refuses to make reasonable adjustments
If your employer refuses to make the reasonable adjustments you’ve asked for, use the websites listed above to get advice on how to resolve the problem. If you’re still unsuccessful, you can take things further.
Find out more on Acas about what your employer has to do by lawOpens in a new window
On Citizens Advice, find out where to get help with discrimination problemsOpens in a new window
Find out more on nidirect about disability discrimination law and your employment rights if you live in Northern IrelandOpens in a new window
You can also get advice if you think you’re being treated unfairlyOpens in a new window on the Equality Commission for Northern Ireland website
Time off work
Statutory Sick Pay
If you’ve developed a disability or health condition and can’t work, you might be able to get Statutory Sick Pay.
This is the minimum you’re entitled to.
Some employers have their own sick pay scheme, which is more generous.
Find out more about Statutory Sick PayOpens in a new window on GOV.UK
Employment and Support Allowance and Universal Credit
If you still can’t work after 28 weeks, you can apply for the new-style Employment and Support Allowance or Universal Credit.
Find out if you can claim Employment and Support AllowanceOpens in a new window on GOV.UK.
Find out more about Universal Credit in our guide Universal Credit explained
Disability leave
Your employer isn’t required to give you additional paid sick leave just because your time off is related to disability.
But you can ask them to:
- extend your sick pay
- offer you paid ‘disability leave’, or
- let you take the extra time off as annual leave.
Not all employers offer disability leave. Those that do offer it record it separately from your sick leave.
You can use disability leave to:
- allow you to recover from treatment
- take time off for treatment or assessment
- take unplanned time off work relating to your disability or condition, which would otherwise be recorded as sick leave.
If you’re a member of a trade union, they might be able to negotiate your disability leave with your employer on your behalf.
If you’re waiting for reasonable adjustments to be made
If you’re off work while your employer arranges for reasonable adjustments to be made, this shouldn’t be recorded as an ‘absence from work’.
Phased return to work
Gradually building up your working hours or working from home before you go back into the office, are two ways of helping you get back to work after sick leave.
This phased return to work counts as a reasonable adjustment.
You can arrange it directly with your employer, with advice from your:
- GP
- nurse, or
- occupational therapist.
The Access to Work scheme
Talk to a disability employment adviser
Contact your local Jobcentre Plus to speak to a disability employment adviser who can help you access government schemes for disabled people.
If you have a disability or health condition and live in England, Wales or Scotland, you can get an Access to Work grant to help cover the cost of support you need to keep your job. If you live in Nothern Ireland, there is a different system. Visit the nidirect website to learn about employment support optionsOpens in a new window
This grant money can be used to pay for things like:
- buying new specialist equipment
- adapting the equipment you use at work
- making adjustments so you can work from home
- help with travel costs if you can’t use public transport to get to work
- a support worker or job coach to help you in your workplace.
Find out more about Access to WorkOpens in a new window on GOV.UK.
If you have a mental health condition and are absent from work or finding work difficult, support is available from the Workplace Mental Health Support service. This service is part of the Access to Work scheme.
If you live in England, Wales or Scotland, find out more about the Workplace Mental Health Support serviceOpens in a new window on the maximus website or help with managing your mental healthOpens in a new window on Able Futures.
If you live in Northern Ireland, find out more about mental health and the workplaceOpens in a new window and visit the minding your head website.
