Why waiting for Access to Work is worth it

Access to Work is available since 1994 but less than 1 percent of disabled people in working age use it. How can employers help individuals with disabilities make the most out of this government grant. Leanne Maskell says it’s much easier than you think.

Access to Work is more important than ever for employers, as employees are still struggling to cope with the long-term effects of the pandemic. This includes mental health issues. However, many don’t know about the government support.

This grant can help people with health problems remain in the workplace. It can provide support up to PS69,900 per person per year after a tailored assessment is made of their needs. The grant could cover specialist training, coaching and administrative support as well as equipment such a standing desk.

According to the Department for Work and Pensions, despite ATW’s existence since 1994, less than 1% (or a million) of disabled people in working age have access to it.

The main reasons for this are a lack in awareness, bureaucratic processes that can take months to complete, and long waiting lists. However, the support provided by employers and employees alike could be a game changer.

Here’s what employers should know before you apply:

When applying for ATW, you may have to disclose a disability.

Many employees choose to not disclose a disability because it can be a very vulnerable situation, with potential stigma and lack of support.

Employees do not need permission from their employers to apply for ATW but, in practice, they will need their engagement. The application process is based on the employer’s confirmation of the employee’s role. However, the employer does not participate in the assessment itself.

They may then choose to disclose this condition to their employer, which could trigger important legal obligations for employers in relation to disabilities under the Equality Act 2010.

ATW is for anyone with a medical condition that affects their ability to work. No formal diagnosis or information about the health condition is needed.

ATW can be used by anyone, regardless of whether they are legally disabled. However, only a tribunal can make this determination, so employers should take any disclosures very seriously.

A disability policy will help employers mitigate risks, while providing the best support possible to all employees regardless of ATW.

ATW does not substitute reasonable adjustments

The law requires employers to make reasonable adjustments to their workplace for people with disabilities to reduce or eliminate the disadvantages that they may face.

ATW offers a variety of services, including ADHD coaching and equipment.

ATW can provide support based on an assessment of the workplace and individual needs. This support is not a substitute for any reasonable accommodations that an employer may have made or make.

It is important to get support in place as quickly as possible. This includes the moment of disclosure. ATW cannot recommend that the employer make changes such as flexible hours or working locations.

Employers must ensure that employees, particularly managers, who are involved in adjustments receive training on disability, adjustment, and neurodiversity.

Employer’s role

Employers are usually required to confirm the employment status of an applicant and agree to any cost sharing, if applicable, when processing an application.

Depending on their size and revenue, they may be asked to do so (but not required) if the support is granted. The approval of the applicant is necessary in theory, but not necessarily.

ATW currently funds 100% of all support that is classified as “support workers”, such as coaching, administrative support, or training. Support may include equipment like headphones or technology.

Employers can help employees with health issues by directing them to ATW and responding to communications promptly. They can also fund the support upfront.

Although the waiting list is long, new starters’ applications are usually processed within a month. This allows people to begin their new roles with maximum support.

Accessing Support

ATW may fund support but this usually occurs after the support is delivered. This can cause cash flow issues for both suppliers and recipients of support.

Employers can make a significant contribution by paying upfront for ATW support and then claiming it back on behalf of the employee.

Employees can access assistance that would not have been available otherwise. Some providers try to assist by handling administration and reclaiming cost where possible.

If this could cause cash flow problems for your company, you should always speak to your suppliers to find out what is possible.

Supporting employees to use the support they have been given is important. This could be done by allowing them to receive coaching during working hours and then making up the time later on in the day. Or managers can actively engage in co-coaching with employees.

Avoiding conflict

ATW is a confusing system that can lead to misunderstandings. Employers must not misunderstand ATW to be an excuse for their legal obligation to make accommodations. They should also treat conversations about disability with respect and sensitivity.

It is vital to prevent any potential discrimination or harassment in the workplace. Employers can be in serious legal trouble if they tell a disabled worker that they are not allowed to apply for ATW or blame them for payment delays.

ATW support does not constitute’special treatment,’ and employees should not have to meet additional expectations as a result.

The employment tribunal could disagree with ATW and the costs of the support may fall on you, as an employer, if ATW funding is not available.

A reasonable adjustment would also include allowing the employee to use support, even if that support is not’standard,’ on electronic notebooks.

ATW is a valuable resource for both employers and employees. It provides tailored support that helps people with chronic health conditions thrive at work. It is worth the effort, no matter how complicated it seems.

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