Trades Unions Congress (TUC) – Written evidence (YDP0048)

The TUC exists to make the working world a better place for everyone. We bring together more than 5.5 million working people who make up our 48 member unions. We believe all workers deserve respect, and the opportunity to make the most of their talents. But many young disabled people face barriers to finding jobs and getting on at work.

In this submission, we will be responding to a number of questions outlined in the call for written evidence. In order to gather evidence from across the trade union movement we facilitated a roundtable to gain insight into the experiences of our member unions. We’ve used that session, alongside our existing research and policy, to shape the responses below. We have also provided support to our member unions in shaping their responses and encourage the committee to engage with unions on specific details where appropriate.

What barriers do young disabled people face when leaving education and entering the job market and workplace? Does this differ between different conditions or disabilities, and if so, how?

We know that young disabled workers face disadvantages and discrimination at all stages of their employment journey. Unions were keen to underline the impact of long waiting lists and lack of NHS resource to provide appropriate medical diagnosis, which can inhibit an individual’s ability to access government support. Colleagues from the NUJ highlighted the lack of provision available in Child and Adolescent Mental Health Services, and the potential for young disabled workers to fall through the gaps in services.

Furthermore it’s important to take an intersectional approach when considering the experiences of young disabled people; we know that trade union members who identify as disabled, may also be Black, LGBT, women, parents, carers and part of other marginalised and discriminated groups. There are particular challenges and barriers to keep in mind, especially for young disabled people who are also carers.

We also heard from our member unions about the failings of the Access to Work scheme. A key observation was shared around the lack of support for job seekers, with Access to Work not applying as you enter the job market. This can be particularly stark where access needs are met in education, then disappear in employment. In terms of reform of Access to Work we are seeking:

-         A less onerous process, that is sufficiently funded

-         A system that is available to disabled job seekers

-         Streamlined application process to tackle lengthy waiting times

-         Removal of the annual cap

-         More flexible and responsive support

-         Ensuring that employers are aware of Access to Work so that all disabled workers can benefit from it.

A recent survey by Unison survey of Disabled workers’ experience at work in June 2020 during the Covid-19 pandemic found: 

-         Only 5 per cent had help from Access to Work, 

-         41 per cent did not know about Access to Work and 23 per cent did not think Access to Work could help with working from home. 

Additionally, unions have shared endless examples of workers seeking reasonable adjustments to allow them to start work, or continue with their employer, only to face significant delays or hurdles to accessing the support they require. Before the pandemic, over four in 10 (45 per cent) disabled workers who asked for reasonable adjustments failed to get any or only got some of the reasonable adjustments they asked for put in place and one fifth (20 per cent) who had identified reasonable adjustments they needed had not asked for them. The difficulties for Disabled workers in getting and keeping reasonable adjustments continued during the pandemic with almost half (46 per cent) of those who requested reasonable adjustments failing to get all or some of the different/additional reasonable adjustments they needed to work effectively and, three in 10 of all disabled workers (30 per cent) who needed a reasonable adjustment had not asked for them[1]. 

Our member unions are also deeply concerned about cuts to public transport including the proposed closure of ticket offices, as well as understaffing of stations and trains. This means that commuting to work for disabled people often becomes unmanageable.

We believe a practical and timely way of improving employer practice in this area, and thereby ensuring workers’ reasonable adjustments are implemented in a more quickly, is by providing more detailed practical examples of timely implementation within the Equality and Human Rights Commission’s statutory Code of Practice on employment.  

The Covid-19 pandemic has had impacted young disabled people in various ways including the growth of Long Covid we have seen since 2020. The latest data from the ONS in March 2023, found that 151,000 people aged 24 and under had Long Covid, including 117,000 who first had (or suspected they had) COVID-19 at least 12 months previously[2]. TUC research has shown that people with Long Covid face multiple barriers entering and staying in the workplace including disbelief from employers, employers failing to provide appropriate reasonable adjustments, and discriminatory treatment and disadvantage such as bullying and harassment, having to take unpaid leave or leave work entirely[3].

How effective are government programmes which support or encourage employers to employ disabled people, particularly young disabled people?

One of the main government programmes currently in use is the Disability Confident scheme; there is little evidence to suggest that disabled people have little faith that the scheme leads to employers becoming more inclusive places to work for disabled people. Many disabled workers raise concerns that the scheme is too focused on employers’ processes and practices, rather than focusing on disability employment outcomes for workers. We have significant concerns regarding the Disability Confident scheme, which should support employers and define standards for disabled workers. We need to move away from voluntary approaches and take a stronger regulatory approach to ensure disabled people’s rights at work. 

Disability Confident has no clear recommendation that employers must employ disabled people. Some of our unions are signed up to the Disability Employment Charter which calls for reform of Disability Confident. The government should: require all employers at Disability Confident Levels 2 and 3 to meet minimum thresholds regarding the percentage of disabled people in their workforce; and remove accreditation from employers that do not move up within 3 years from Level 1 to Levels 2 or 3. The Charter also includes other measures on actions employers should take.  

What actions could employers be taking without Government support?

Pro-actively working with unions - as well as Disabled People’s Organisations - who represent young disabled workers, will allow employers to identify barriers and opportunities to improve the provisions they have in place to support disabled workers. The TUC and our member unions are lobbying employers to adopt the Disability Employment Charter which outlines measures and reforms that should be adopted. This runs alongside the UN Convention on the Rights of Disabled People (CRPD)[4]. The UNCRPD, which the UK signed up to in 2009, calls for the UK government to promote the rights of disabled people by:

-         Eliminating disability discrimination

-         Enabling disabled people to live independently in the community

-         Ensuring an inclusive education system

-         Ensuring disabled people are protected from all forms of exploitation, violence and abuse

The UK government has been slow to adopt all aspects of the treaty, but employers can lobby for full adoption, and take pro-active steps to incorporate actions, including those outlined in the Disability Employment Charter.

We would also like to encourage employers to take a pro-active approach when considering the broader government approach to disabled workers. We know the current government has mooted the idea of disabled people working for less, and we have seen an increased focus on conditionality and sanctions for disabled workers relying on Universal Credit. Employers can be proactive by engaging with unions and supporting their campaigns, ensuring that their disabled workers are employed directly and offering fair pay, terms and conditions.

One additional area which needs action is disability pay gap reporting. Instead of the voluntary approach to disability pay gap reporting in Disability Confident we would like to see mandatory disability pay gap reporting for employers with over 50 staff accompanied by a duty to produce a targeted action plan which should be delivered with unions. Where data currently isn’t being kept, it can be difficult to identify trends and address concerns.

As part of our broader work on pay gaps, we’re seeing reform of the EHRC to ensure that where pay gaps are identified sanctions can be levied to ensure employers take action to reduce and remove the issue.

How effectively are the rights of disabled people upheld and enforced in the workplace? Is the present legal framework sufficient, in theory and in practice, in dealing with disability discrimination faced by young disabled people transitioning from education to work?

From our networks of local union representatives, we know that disabled workers regularly face unfair treatment and discrimination at work and are turning to their unions for support and guidance. At our roundtable discussion, we heard from our members that where young disabled workers feel that their rights aren’t being upheld in a particular workplace, they are finding alternative employment rather than challenging poor practice or discrimination. We also heard from member unions who were concerned that employers aren’t doing enough to prevent harassment and inappropriate behaviour or to create a culture where they support workers.

We know that the employment market is challenging, with many young disabled workers feeling that they cannot ask for reasonable adjustments or adaptations in work, or in recruitment processes. We also know that challenging discrimination during any recruitment process is difficult both in evidentiary terms, and in terms of accessing justice through legal routes.

Challenging an employer through an employment tribunal is an option that does not feel viable for many disabled workers; it is a lengthy, often costly, process which can be particularly challenging if you also have impairments. The increased use of non-disclosure agreements or ‘gagging’ orders can make it difficult for individuals to challenge employers.

More broadly, disabled workers are more likely to experience precarious work and poor terms and conditions at work. Disabled workers face a higher likelihood of being employed on a zero hours contract (3.7 per cent of disabled workers, compared to 2.7 per cent of non disabled workers)[5]. And nearly three quarters (72 per cent) of disabled workers earn less than £15 per hour[6], whilst disabled people also face higher household costs than average[7].

Disabled workers can request changes to their working hours and location through a reasonable adjustment request but making flexible working the norm for everyone reduces to stigma experienced by disabled workers and makes it easier for them to access the changes needed. We therefore believe the legislation on flexible working needs to be strengthened, beyond the already committed day one right to request. Equality and Human Rights Commission guidance on flexible working makes it clear that it may be a reasonable adjustment for employers to allow disabled workers to work flexibly if this removes a barrier they face to being able to do their job.

The government should introduce a new legal duty on employers to think upfront about the flexible working options that are available in a role, publish these in all job adverts and give successful applicants a day one right to take it up and make flexible working a genuine legal right from the first day in a job. An advertising duty would support young disabled workers entering the labour market as there is transparency about what options are available and means they don’t need to ask, which we know many disabled people don’t due to justifiable fears of unfair treatment.