The call for greater protection for disabled workers returning to employment has intensified, with new proposals suggesting that a legal right to reintegration could help workers back into the workforce. A new report from the Resolution Foundation highlights how such rights could mirror the maternity leave protections granted to women returning to work after giving birth.
The think tank’s recommendation advocates for a system where employers would be prohibited from dismissing workers who are returning from sick leave unless they can demonstrate they have made adequate efforts to reintegrate them.
This approach seeks to reinforce and clarify existing protections under the Equality Act, while strengthening the message that disabled workers are entitled to fair treatment in the workplace.
The Case for Reintegration Rights
According to the Resolution Foundation, one of the primary obstacles preventing disabled workers from returning to work is insufficient employer support. Despite existing legal obligations for employers to accommodate disabled employees, including making reasonable adjustments to working conditions, many workers still face barriers.
Statistics reveal that 12% of disabled workers leave their jobs each year, a rate 1.5 times higher than that of non-disabled workers. This is compounded by the fact that twice as many individuals move from work into inactivity due to ill health as those who return to the workforce.
The think tank’s report emphasises that these issues are not solely caused by health conditions but are exacerbated by a lack of employer action. Only half of the disabled workers who request adjustments to their work conditions, such as changes to hours or the provision of necessary equipment, actually receive the full support they need.
With the employment rate for disabled people remaining a significant concern for the government, the foundation argues that more proactive measures are necessary to change employer behaviour and improve the retention of disabled workers.
Government’s Role and Employer Responsibility
The report also warns that the government’s goal of achieving an 80% employment rate could remain unfulfilled unless a more comprehensive strategy is adopted to support the reintegration of workers with disabilities. The foundation suggests that introducing a legal right to reintegration would offer a practical solution.
Such a right would operate similarly to maternity leave protections, ensuring that disabled employees could not be dismissed without the employer first proving they had made sufficient reintegration efforts.
Louise Murphy, a senior economist at the Resolution Foundation, advocates for a more robust framework to support disabled workers, stating that employers must be incentivised to improve their retention efforts.
She further notes that these reintegration rights could be enforced through employment tribunals, ensuring that companies are held accountable for creating accessible environments for returning workers.
The government is expected to review these proposals alongside ongoing efforts to reform the benefits system and improve the support structures for disabled individuals in the workforce.
