A report by the Resolution Foundation is calling for the introduction of a new right to incentivise employers to reintegrate disabled workers returning from sickness absence. This comes at a time where disability discrimination tribunal claims are on the rise, particularly those focussing on the duty to make reasonable adjustments.
Recommendations in the report
The report, Opening Doors: How to Incentivise Employers to Create More Opportunities for Disabled Workers, sets out four key policy recommendations.
These are:
- Improving Access to Work to help reimburse employers with costs that go beyond reasonable adjustments
- Building on employment and pay gap reporting to help improve transparency and drive positive change
- Introducing a “right to reintegration” to reintegrate existing disabled workers back into work from sick leave. Employers would not be able to dismiss workers unless they can demonstrate that they have made sufficient efforts at reintegration
- Encouraging the recruitment of disabled workers via a new “Return-to-Work Recruitment Incentive” which would focus on those who have been claiming incapacity benefits for six months or more.
Louise Murphy, Senior Economist at the Resolution Foundation, said: “The Government should do more to incentivise firms to employ disabled people — especially those who have been out of work for long periods — but employers need to do more in return.”
“A new right to reintegration could help disabled workers back into work in the same way that maternity rights transformed women’s employment prospects a generation ago.”
What’s the current position?
When helping disabled workers return to, or stay in work, there are already protections in place.
If the employee has a condition which falls within the definition of a disability under the Equality Act 2010, then the Act places the employer under a duty to make reasonable adjustments to the employee’s work and/or workplace in order to remove the disadvantage the employee is put at as a result of their disability.
Any reasonable adjustments will be specific to the individual’s particular circumstances and should be discussed with the employee to ensure they are tailored to their needs.
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When do I have to make reasonable adjustments?
Whilst the proposed measures in the report are just recommendations, and not legally binding, they portray a clear focus and desire to improve the rights and protections of disabled workers.
This is an area the Government are focussed on themselves with the anticipated Equality (Race and Disability) Bill expected to extend equal pay rights to disabled workers and put a requirement on large employers to produce disability pay gap reports.
A consultation by the Government seeking views on how to introduce these measures closed on 10 June 2025. The outcome will help to inform the Bill when it’s laid before parliament
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