Access to Work has been available since 1994, but less than 1% of the working-age disabled population use it. How can employers support individuals with disabilities to make the most of this government grant? It’s easier than it looks, says Leanne Maskell. 

Employees are struggling with the lasting impacts of the pandemic, especially in relation to mental health, which means Access to Work (ATW) has never been more important for employers – but many don’t even know about this government support.

The grant helps people with health conditions remain in work, and can fund support of up to £69,000 per person, per year, following a tailored assessment of the individual’s needs. This could include specialist training, coaching, administrative support, and equipment, such as standing desks.

But although ATW has existed since 1994, it’s accessed by less than 1% of the working-age disabled population, according to figures from the Department for Work and Pensions.

This is largely due to a lack of awareness, bureaucratic and complicated processes, and extremely long waiting lists spanning several months – but the support can be game-changing for employees and employers alike.

Before applying, here’s what employers need to know:

Applying for ATW might mean disclosing a disability

As disclosing a disability at work can be highly vulnerable, with potential stigma, and no assurance of support, many employees may choose not to do so.

An employee doesn’t require their employer’s permission to apply for ATW, but practically, they do need their engagement. This is because the application process requires confirmation from an individual’s employer of their role, although they are not involved in the assessment process itself.

Disability support

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As a result, they may choose to disclose their health condition at work, which may trigger important legal duties for employers under the Equality Act 2010 relating to disability.

ATW is available for anyone who has a health condition that impacts them at work, but no formal medical diagnosis or information is required.

A person doesn’t have to be considered disabled in law to use ATW, but only an employment tribunal can determine this, so it’s advisable to take all disclosures seriously as an employer.

Having a disability policy can help employers to mitigate risk, whilst providing the best possible support to all employees, regardless of ATW.

ATW does not replace reasonable adjustments

Employers have legal duties to make reasonable adjustments for disabled people to remove or reduce the substantial disadvantages they may experience at work because of their disability.

Such adjustments are dependent on the individual, but could include the types of support offered by ATW, such as ADHD coaching or equipment.

Through a workplace assessment, ATW will grant support depending on the individual’s needs. However, this support is considered in addition, not instead of, any reasonable adjustments an employer has or could make.

As employers are not involved in the ATW assessment process itself, and waiting lists can span several months, it’s strongly advisable to ensure support is in place as soon as possible, such as from the point of disclosure. ATW cannot make recommendations requiring the employer to make adjustments such as flexible working hours or locations.

Employers should ensure employees involved in adjustments, especially managers, are trained on disability, adjustments, and neurodiversity.

The employer’s role

When an application is processed, employers are typically required to confirm an individual’s employment status, and to agree to cost-sharing, if applicable.

They may be asked, but not necessarily required (upon such support being granted), to do this dependent on factors such as their size and turnover. However, their approval in theory is required for the application to proceed.

Regardless of external factors, ATW will currently always fund 100% of support categorised as a ‘support worker’, such as coaching, training, or administrative support. Cost-sharing may be applicable to support including equipment such as headphones or technology.

Employers can support employees with health conditions by signposting them to ATW, responding promptly to any communications, and funding the support up front.

Although waiting lists are very long, applications for new starters are often fast-tracked within a month, enabling people to start a new role with the most effective support possible.

Accessing support

Although ATW will fund support, this is typically provided after the support has been delivered. This can create cash flow challenges for suppliers and those who have been granted support.

Employers can help significantly by paying for support promptly upfront and reclaiming this back from ATW on behalf of their employee.

ATW support is not ‘special treatment’, and additional expectations should not be placed on an employee as a result of enabling them to access this assistance.”

This can enable employees to access support that may have been otherwise unavailable. Some providers will try to help by managing administration and reclaiming costs where possible, such as for self-employed people.

So, if this would create cash flow issues for your business, it’s always worth speaking to the suppliers directly to see what’s possible.

It’s important to support employees in using the support that has been granted to them. For example, this could include enabling them to have coaching during office hours and making the time up later in the day, or managers pro-actively engaging in co-coaching or training with employees.

Avoiding conflict

ATW can be confusing and complicated to navigate, and misunderstandings can easily arise. It’s vital that employers do not mistake ATW as excusing their legal duty to make adjustments, and handle conversations around disability sensitively, and with respect.

This is important to avoid potential harassment or discrimination within the workplace. For example, telling a disabled employee they are ‘not allowed’ to apply for ATW, or blaming them for any issues such as payment delays, can land employers in highly dubious legal areas.

ATW support is not ‘special treatment’, and additional expectations should not be placed on an employee as a result of enabling them to access this assistance.

Although the support granted may not be considered a reasonable adjustment for that individual by ATW, the employment tribunal may disagree, meaning that the cost of this could fall to you as the employer without such funding from ATW being available.

Additionally, a reasonable adjustment could include allowing your employee to use the support granted, even if it isn’t ‘standard’, on something such as an electronic notebook.

Ultimately, ATW offers a highly valuable source of support for employers and employees alike, providing much-needed access to tailored support to support people with health conditions not just to survive at work, but thrive. Complicated as it may seem, it is worth it.

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