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Can businesses require disabled employees to return to the office?

Remote work: not just a pandemic trend, but a reasonable accommodation for disabled employees

Before the pandemic, working from home was a common request from disabled employees that employers often refused. However, during the pandemic, many organisations shifted to remote work. Now, some businesses are considering requiring employees to return to the workplace at least part-time.

Under the Equality Act 2010, working from home can be a reasonable adjustment for disabled employees. There are five steps to determine if this, or any adjustment, is reasonable:

1 - determining if the employee meets the definition of disability,

2- identifying the provision, criterion, or practice that places the disabled person at a disadvantage,

3- determining how the PCP places the disabled person at a disadvantage,

4- identifying adjustments that might remove or reduce the disadvantage, and

5- determining if the adjustment is reasonable.

If an employee worked productively from home during the pandemic, it may be difficult for an employer to argue against continuing this arrangement as a reasonable adjustment.

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