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Under the Equality Act 2010, which incorporates the Disability Discrimination Act, an employer has a legal duty to make ‘reasonable adjustments' to ensure that a disabled person is not put at a disadvantage in the work environment or work practice. Under this legislation, it is unlawful for an employer to discriminate against employees or those seeking employment who have a disability.
Access to Work
This is a scheme run by Jobcentre Plus, that provides advice and financial support to people whose health or disability affects the way they do their job, and, if you are not able to use public transport, can pay towards the cost of getting to work. Support may also be available towards the cost of a support worker or the equipment you need at work, however, Access to Work will not fund items which are regarded as standard equipment, standard business costs or standard health and safety requirements. This means that any item which would normally be needed to do the job, whether a person is disabled or not, will not be paid for. The Jobcentre Plus has issued guidance listing examples of items that should be considered as standard equipment and so cannot be funded by Access to Work.
Eligibility
If your disability or health condition stops you from being able to do parts of your job and you are aged 16 or over, are in paid employment or self-employment or have a confirmed start date, and live and work in England, Scotland or Wales, then you may be eligible for Access to Work. If you are seeking work and need a communicator at job interviews some or all of the costs may be paid by Access to Work.
You may not qualify for Access to Work if you receive any of the following benefits:
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Incapacity Benefit
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Employment and Support Allowance
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Severe Disablement Allowance
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Income Support
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National Insurance Credits.
Subject to your eligibility for Access to Work, you can obtain a confirmation letter to show to any potential employer. However, the letter is not itself an application for Access to Work. You can print a copy of the letter by completing your personal details on the form provided on the Directgov website: www.direct.gov.uk
Alternatively, ask the Disability Employment Adviser (DEA) at your local Jobcentre, or telephone, textphone, fax, email or write to the Access to Work contact centre at:
Jobcentre Plus
Access to Work Operational Support Unit
Anniesland JCP
Baird Street
Glasgow
G90 8AN
Telephone:0141 950 5327
Textphone:0845 6025850
Fax: 0141 950 5265
Email:atwosu.glasgow@jobcentreplus.gsi.gov.uk
Application
Once your eligibility is confirmed, you will be asked to complete an application form and send it back. Following this, an Access to Work adviser will contact you and will speak to both you and your employer about the best support for you. This will often be done over the telephone, but a visit can be arranged if necessary. If specialist advice is needed, this will be arranged by the adviser, who will then use the information to help them decide on the right level of support.
Employer's Responsibilities
Once your adviser has decided on the appropriate package of support, they will seek formal approval of the recommendations from Jobcentre Plus and you and your employer will be informed of the level of support and the grant available. It is the employer's responsibility -yours if you are self-employed, to arrange the agreed support and buy the necessary equipment. Your employer will be able to claim repayment of the approved costs from Access to Work.
The Amount of the Grant
The level of support which you may receive from Access to Work will be dependent upon how long you have been employed, what support you need and whether you are self-employed.
100 per cent of approved costs will be paid if you are:
100 per cent of approved costs will be paid in all circumstances for help with:
A proportion of the costs of support will be paid by Access to Work if all the following
apply to you:
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You're working for an employer
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You've been in the job for six weeks or more
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You need special equipment.
The share of costs to be borne by an employer is determined by the size of the workforce; for example, an employer with not more than nine employees will not be expected to share costs; one with 250 or more employees will be expected to pay the first £1,000 and 20 per cent of costs up to £10,000.
After between one and three years, Access to Work will review your circumstances and the support you're receiving.
If you would like further information please contact our Helpline on 01302 327800.
We also produce a factsheet 37: Employment for people with disabilities, that includes further information about Work Schemes and Programmes.
DIAL Disclaimer
Whilst all the information given in this fact sheet was correct at the time of going to press, DIAL Doncaster cannot be held responsible for any subsequent changes.
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