Away-days need to be accessible

The company away-day was deemed a huge success; there was laughter, there were cross-team conversations, the bar was drunk dry, and to top things off, the sun made an appearance.

Management congratulated itself on a job well done and looked forward to reaping the rewards of a happier, more collaborative workforce.

However, not everyone felt the same way:

​Employees may have a physical condition which excludes them from taking part in activities such as archery on away-days (Picture: stock.adobe.com)

Mark is autistic and can better manage his cognitive resources and focus on the task at hand when he knows what to expect. With no itinerary provided (management wanted it to be a surprise), he was anxious and distressed trying to anticipate what might happen next;

Amy has an overactive bladder, a condition that causes frequent and sudden urges to urinate. She was placed at a table furthest away from the toilets and felt embarrassed every time she had to cross the room, and worried she didn’t have enough time;

Roz has an auditory processing delay and needs more time to respond to, and process, sound. Roz felt isolated and frustrated during the group break-out session, struggling to keep up with and contribute to the discussion;

Meera has arthritic legs and experiences pain and stiffness if she stands for long periods of time. She couldn’t take part in archery and watched from the sidelines.

Donna Reynolds is an Employment Partner, Blackadders

The Equality Act 2010 requires employers to “take such steps as it is reasonable to take” to remove, reduce or prevent any “substantial disadvantage” disabled employees face. Failure to comply with this duty is a failure to make “reasonable adjustments “, which can be the difference for disabled employees between being able to stay in work or having to leave.

In this case, can they fully participate in and enjoy the away-day – or feel excluded? Sadly, employers all too often forget about their duty at such events and others, including networking and off-site client meetings.

The duty only arises if an employer knows, or could be reasonably expected to know, that the employee is disabled. You might wonder how those responsible for organising an away-day might know or be expected to know the disability status of each and every one of the attendees. Mental impairments, for example, might be invisible in a way that other protected characteristics are not and some, for a variety of reasons, choose not to disclose their mental or physical impairment(s). However, an employer cannot claim it did not know about an employee’s disability if the employer’s agent or employee (for example, HR assistant, line manager or occupational health adviser) knows of the disability.

The EHRC Employment Code says “an employer must do all they can reasonably be expected to do to find out if a worker has a disability”. It is reasonable to expect management to share its plans with HR and ask whether or not adjustments might be necessary to remove, reduce or prevent any substantial disadvantage both generally and for specific individuals. While an employee’s health is sensitive personal data, there are ways and means to meet the duty without risking a data breach.

There are simple things an employer can do as a matter of course to foster inclusion without particular disabled employees being identified. For instance, it takes very little to share an agenda and seating plan in advance or ask whether anyone has specific requirements.

Summer is the perfect time to bring staff together but if employers wish to avoid expensive discrimination claims from raining on their parade, they need to ensure accessibility for everyone.

Donna Reynolds is an Employment Partner, Blackadders