Enforcement of employment rights consultation- Inclusion London’s response

Inclusion London responded to the consultation on enforcement of employment rights recommendations from the Taylor review.

Download our response here: Inclusion London response Employment Rights Recommendations consultation

The response highlighted key reasons that Deaf and Disabled people are likely to experience problems obtaining their rights, which include:

Deaf and Disabled people are:

• More likely to be self-employed.
• Are more likely to have long term health conditions resulting in periods when work is not possible and sick pay is necessary.
• More likely to need flexible working.
• Lack of knowledge about employment rights/lack of accessible information about employment rights.
• The support and advocacy needed to challenge employers is not available.

Recommendations made in the report include:

• Deaf and Disabled people in employment who regularly access NHS and Mental Health services need to be consulted about practical ways services can provide better support.
• Restore the right for employers to reclaim statutory sick pay as a short-term measure.  As a long-term measure, explore options for allowing employers to reclaim the costs of keeping Disabled employees on full pay during periods of disability-related absence.
• Require employers to put disability equality employment policies in place, which would cover disability related sickness absence; disability leave; confidentiality; flexible working; time off for medical appointments.
• The right to flexible working is well publicised and the information is provided in accessible formats in all places of work
• The government ensures there is a legal presumption that everyone qualifies for the full set of employee rights, placing the onus on the employer to prove that this is not the case.  For example the employer should not be able to simply label someone as self-employed so they can avoid their employment rights and tax responsibilities. Instead employers should have to demonstrate the individual is genuinely self-employed.
• Employment right are well publicised and the information is provided in accessible formats in all places of work.
• Government provides funding for ‘in work support’ for Deaf and Disabled people regarding their employment rights as well as support to challenge employers when employment rights are ignored.