Summary: Whilst the Employment Rights Act strengthens flexible working rights, it doesn’t go far enough. And as employers increasingly row back on flexibility, disabled women are feeling the impact first. Without flexible working, many face being forced out of the labour market altogether.
For disabled people, particularly disabled women, flexible working can be a lifeline. The difference between being in or out of work. As we look to celebrate International Women’s Day on 8th March, it feels like the right moment to talk about why flexibility is essential to inclusion and equality – and not just a perk.
While the pandemic accelerated progress in flexible working, the past few years have seen a steady decline in remote jobs. This decline impacts many people’s ability to work and could undermine the UK Government’s aim to reduce unemployment among the disabled community.
Remote work helps disabled people stay in work
A new study by Lancaster University’s Work Foundation shows that flexible, remote and hybrid models are not simply a nice-to-have, but are critical to disabled workers’ wellbeing, productivity and job retention.
Most disabled participants reported that remote or hybrid work improved their mental and physical health, work–life balance and their ability to manage impairments. Many said it directly helped them stay in work and reduced sick leave.
This was particularly evident for disabled women who, the study found, were more likely to want to work fully remotely, highlighting their increased need for flexibility.
The government defines flexible working as “a way of working that suits employees’ needs,” citing flexible start and finish times and the option to work from home as examples.
UK law on flexible working
Changes to flexible working were first consulted on in 2022 as part of the National Disability Strategy (NDS). Disappointingly, the consultation was not on making flexible working the default, but on making the right to request flexible working a day-one right. This is an improvement, but it does not go far enough.
The Employment Rights Act has strengthened this right, with employers now required to cite one of eight specific business cases as the reason for turning down a request. However, allowing employers two months to make the decision is still too long. An individual’s circumstances can both change and exacerbate in that time. A lack of flexibility remains one of the most common reasons for disabled employees being unhappy with their employer, despite over 20 years of flexible working rights in UK employment law.
In addition, the day-one right to request flexible working is often confused with legislation around protected characteristics. The Equality Act 2010 gives disabled people the right to request flexible working as an adjustment to remove or reduce a barrier related to their disability. This can happen at any time and as often as needed.
Employers have a duty to make adjustments if they know or could “reasonably be expected to know” that they are needed. This doesn’t mean that flexible working will always be “reasonable” – but in many roles it will.
The government is currently consulting on what “reasonable” means when it comes to flexible working requests. However, the term isn’t helpful in this context as it replicates language around adjustments in the Equality Act 2010 and is likely to cause confusion.
Transparency in the recruitment process
Beyond the law, applicants want to know if an employer will allow them to work flexibly before they apply for a job. Employers need to be proactive in sharing what is possible up front to attract the widest candidate pool.
If organisations neglect to do this, flexible working law means someone can go through the whole recruitment process, only to have to leave when their day-one request isn’t granted.
Disabled women are hit hardest
Many disabled people rely on remote or hybrid working arrangements to stay in work. Business Disability Forum research found 72% of disabled employees felt it was easier to manage their condition when working from home. And in terms of performance, 65% also said they do their job better when working remotely.
For disabled women, flexible and hybrid working can be particularly beneficial. Many disabled women face additional disadvantages in the workplace compared with non-disabled women and both disabled and non-disabled men. These include managing their condition alongside caring responsibilities and fluctuating energy levels due to medication and hormonal changes.
Tensions between policy and reality
The new Employment Rights Act is regarded as a step forward for employees, offering greater access to flexible working. CIPD research undertaken during the passage of the Bill suggests that stronger measures will increase the rate of flexible working approvals, with 36% of organisations expecting to accept more requests, and only 1% expected to accept fewer.
Those statistics reveal that employers recognise the demand for flexibility, and many can see the benefits.
However, there is a disparity between policy intent and its practicalities. Disabled women still face entrenched biases among managers and coworkers who remain sceptical about remote working and place greater value on physical presence. The legislation may unlock the door – but disabled women are still expected to push it open.
Business Disability Forum’s Great Big Workplace Adjustments Survey suggests that disabled women in particular experience poor treatment and are overlooked for career opportunities if they request flexible working.
One respondent commented: “I am not given fair treatment because I am a mum and can only work part-time and it’s been worse since I was diagnosed with autoimmune conditions and then a heart problem.” This sentiment was echoed by many others.
When employers row back on flexible working procedures, disabled women feel the impact first.
Flexible working is a gender equality need
With disabled women more likely to carry the weight of unpaid caring responsibilities, the implications are clear. Without flexible working, disabled women are at acute risk of being forced out of the labour market altogether.
This would be detrimental to both employers and the economy – and it goes against the government’s ambition to increase the number of disabled people in work.
Flexible working for disabled women must be treated as a retention strategy and a gender equality measure, not as a benefit or an optional perk.
Key takeaways
If you’re handling flexible working requests from disabled employees, these distinctions and approaches can strengthen both inclusion and retention:
- Identify whether the request is a reasonable adjustment or a statutory flexible working request. When an employee with a disability asks for flexible working to address a disability-related barrier, treat it as a reasonable adjustment request under the Equality Act 2010 rather than a day-one statutory right. This distinction affects timelines, obligations and how you approach the conversation.
- Explore additional support beyond flexible working alone. Disabled employees may request flexible working because it’s familiar, without knowing what other adjustments your organisation could provide. Sometimes flexibility might not be the most effective solution. Are your managers equipped for collaborative discussions that uncover the full range of support needed?
- Make flexibility visible during recruitment, not after. If you want to attract the widest candidate pool, share what’s possible up front. When you wait until after someone accepts an offer, you risk putting them through an entire recruitment process only to have their day-one request denied. Does your job advertising reflect the flexibility you’re willing to offer?
- Recognise that flexible working is a retention strategy and gender equality measure. With disabled women more likely to carry unpaid caring responsibilities and face entrenched workplace biases, flexibility determines whether they can stay in work. When you row back on flexible working arrangements, disabled women feel the impact first.
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