At this year’s GMB Congress, our branch is proud to confirm that Motion 80: Disabled Workers’ Access to Reasonable Adjustments was successfully passed, with GMB@EMAS having submitted and championed this vital proposal.

The motion calls on the GMB to push for stronger, clearer guidance for employers on delivering Reasonable Adjustments for Disabled Workers – especially around access to flexible working. The current system fails to distinguish between the statutory right to request flexible working and the legal obligation under the Equality Act to provide adjustments for disabled workers.

While there has been some progress, such as the introduction of the day-one right to request flexible working, many of the recommendations in the TUC’s 2021 report “Disabled workers’ access to flexible working as a reasonable adjustment” have yet to be implemented. The EHRC’s Code of Practice, last updated in 2019, predates these important findings and urgently needs review.

Too often, disabled workers face the same hurdles and blanket refusals as non-disabled staff when requesting flexible working. This fundamentally ignores the Equality Act requirement to treat disabled workers more favourably when needed. We believe that employers should no longer be able to rely on standard “business reasons” to deny reasonable adjustments that are essential to equality at work.

This motion is a strong step forward in our continued fight for equity and dignity at work for all GMB members. We will be working with the wider union to turn this into practical change across workplaces – including EMAS.

✊ If you’re a disabled worker and struggling to access adjustments, please reach out to your local GMB rep. We’re here to support you.

MOTION 80. DISABLED WORKERS’ ACCESS TO REASONABLE ADJUSTMENTS

This Congress asks the GMB to pursue implementation of more specific guidance for employers on matters relating to Reasonable Adjustments for Disabled Workers.

The TUC report, ‘Disabled workers’ access to flexible working as a reasonable adjustment, was published in 2021 and contains recommendations for Government, the Equality and Human Rights Commission (EHRC), Employers and Trade Unions.

Some of the recommendations have been put in place – for example, government has implemented a day 1 right for workers to apply for flexible working. However other recommendations within the report have not yet been carried out.

The EHRC last updated their Statutory Code of Practice in 2019 – 2 years prior to the recommendations made in the TUC report.

Disabled workers requesting flexible working as a reasonable adjustment are subject to the same process as non-disabled workers. The right of a disabled worker to be treated more favourably, in line with the equality act, is often overlooked and the statutory business reasons for refusing a flexible working application are used by the employer.

We believe that strengthening the rights of Disabled Workers can be achieved by more specific guidance on this subject, including the removal of the business reasons for refusal of flexible working applications for disabled workers.

EM1 GMB@EMAS BRANCH – Midlands Region