Improve Employment Rights for those with disabilities and mental health issues

18

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The Issue

When it comes to disabilities, mental health and long term health conditions the issue is simple, there is just not enough rights and equal access to employment for this group of people. Existing laws and acts such as the Equality Act 2010 do not go far enough and many employers are able to navigate around them. 

Unfair absence/sickness policies, inflexible working arrangements,  and failures to make reasonable adjustments are just some of the major issues those with disabilities and mental health conditions face in the workplace. This leads to a high number of this group  leaving work either due to dismissal or making it impossible for them to continue their employment. Current data shows that on average 10.1% of disabled workers move out of work compared to just 4.6% of non disabled workers. This is shocking enough but the numbers get worse.

Only 52.8% of those with disabilities are in work compared to 82.5% of non-disabled workers this is based on recently updated government data. Putting the employment gap at 29.7 percentage points. Various data suggests that around half of those people feel able to work, want to work or are open to working in the future.  A large part of this group is made up of people with learning disabilities ONS figures reveal that 86% of people with Autism or other learning disabilities want paid employment but currently only 6% are employed. The outlook for those with more than one disability or health condition is even bleaker, the data as of now shows that those with two disabilities are 2.4 times more likely to become unemployed and those with three or more are 5.6 times more likely. Current data on individuals suffering with mental health conditions shows that only 26.2% are employed. 

When they do find work it is often part time, low paid or zero hours contract along with temporary work. This is often referred to as insecure work. Those with disabilities are also less likely to be promoted or have opportunities for career progression regardless of experience or qualifications. 

On 18th December the current Labour governments flagship Employment Rights Bill received royal accent bringing into law many new and improved workers rights for almost all groups of people. However there was no new rights for those with disabilities and given current data this is just not acceptable. I am asking the government to now take measures and introduce new legislation to not only help people with disabilities, mental health conditions and long term health conditions get into work but to help keep them in work and give them fair opportunity.  

My requests of the government are the following 

  1. Immediately review existing legislation such as the Equality Act 2010 too see if it goes far enough to protect those with disabilities and whether it is fit for the modern working environment
  2. Make amendments to the new Employment Rights Act 2025 to include new rights and legislation for workers with disabilities.
  3. Investigate whether certain employment policies such as Sickness/Absence procedures, rules around working arrangements such as everyone being required to work late nights are in breach of the Equality Act 2010. If this is found to be the case then victims of this breach should be encouraged to come forward irrespective of timeframes so those responsible are  held accountable
  4. Look into what barriers individuals with disabilities have when finding work and take action to remove these 
  5. Introduce legislation and ensure strict guidelines are in place making it mandatory for all employers to make use of Occupational Health and the Access to work scheme 
  6. Introduce legislation that means employers must seek advice and guidance from Occupational Health before any decision can be made on whether an employee should be dismissed due to sickness.          

We need an employment landscape that is fair an equal for all and only change by the the government, society and employers will bring that act now to help everyone be given a fair opportunity in life. 

avatar of the starter
Eamonn GriffinPetition StarterI have Epilepsy and ME/CFS. Im determined to become a great advocate for disability rights. A christian aswell we are all gods people and in gods kingdom we are all equal.

The Decision Makers

The Rt Hon Kate Dearden
The Rt Hon Kate Dearden
Parliamentry Under Secretary of State (Minister for Employment Rights and Consumer Protection)

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