Closed consultation

Disability workforce reporting: consultation document

Updated 21 March 2022

Foreword

Our National Disability Strategy, published in July 2021, set out over 100 wide-ranging practical actions to improve the everyday lives and opportunities for disabled people.

The strategy focuses on the issues that disabled people have told us matter most, across all aspects of life.

It can be no surprise that prominent amongst these is to have the same opportunities as anyone else to find a good job with a supportive employer and to be able to progress.

I get this completely. The sense of independence, financial security and personal fulfilment that comes with a good job, for anyone who can and wants to work, is of huge value and importance.

Beyond the benefits for individuals and families, so much talent and potential is too often wasted now. Making the most of disabled people’s skills is not just good for employees but also for businesses, with evidence that a more diverse workforce leads to improved financial returns.

Yet, despite concerted action, the employment gap for disabled people, whilst reducing, has remained frustratingly high and enduring.

It is a complex challenge that needs tackling in a wide variety of ways. Many of the actions we are taking through the National Disability Strategy will help. For example, our steps to make transport more accessible, to extend education opportunities, and to challenge and change unhelpful perceptions of disabled people in society wherever these exist - and of course, the targeted steps we are taking on employment.

Among these was a commitment to consulting on disability workforce reporting on disability for large employers - and I am delighted to be launching this consultation. Supportive workplaces, where disabled people feel actively valued and able to be open if they wish about additional needs and any issues they may face, are vital to progress. It is also important that employers have the information required to create inclusive workplaces.

We know that views differ on how best to achieve these aims. Through this consultation we want to better understand current good practices and the case to go further than the voluntary approach adopted to date.

I would urge anyone with useful information to share and/or views to respond.

Chloe Smith
Minister for Disability, Health and Work

Introduction

This document fulfils the National Disability Strategy commitment to consult on workforce reporting for large employers (250 employees and above) on disability. The consultation is being led by the Disability Unit, in the Cabinet Office, and responds to calls to improve data and transparency on disability in the workforce.

Through this consultation, the government is exploring how best to increase transparency and reporting practices that support the cultural changes required to build a more inclusive society. Reporting on disability within a workforce has the potential to provide an important baseline from which employers can assess the impact of their inclusive practices on the recruitment and retention of disabled people. How we establish this baseline, however, requires careful consideration.

This consultation includes questions on current practice and how workforce reporting on disability might be stepped up, exploring both voluntary and mandatory reporting practices. We are keen to hear from both employers and disabled employees (and their representative groups).

This document is made up of 3 parts:

• part 1 asks for information about you or your organisation, and all respondents should complete this
• if you are responding from the perspective of an employer, please then answer the questions in part 2
• if you are responding from the perspective of an employee, please answer the questions in part 3

We will use responses to build an evidence base about:

• current reporting practices, and what works well
• the case for and against implementing a mandatory approach to reporting
• how a mandated approach to reporting, if adopted, might be implemented in practice
• if there are alternative approaches that could also be taken to enhance transparency and increase inclusive practices

The consultation is open to organisations and people across the UK, but its primary focus is on Great Britain (England, Scotland and Wales). This is because employment and equality issues are fully devolved in Northern Ireland.

Background

The National Disability Strategy includes a wide range of practical actions aimed at making tangible improvements to the everyday lives of disabled people, focused on the issues that disabled people have told us matter most. Amongst these, many disabled people highlight the importance of being able to get a good job and to progress in their careers.

The government agrees that the disability employment gap is unacceptably high at 28.4%. Whilst this is a decrease of 4.8% since 2013, the gap remains far too big. Alongside the impact this has on the day-to-day lives of many disabled people, it represents a pool of untapped skills and talent that is being wasted for our society and our economy.

A number of measures have helped to deliver the progress made so far. Discrimination against disabled people has of course long been unlawful, and under the Equality Act 2010 employers have an obligation to make reasonable adjustments for disabled employees.

The Disability Confident scheme, which covers over 11 million paid employees, works with employers to help organisations recognise and make the most of the talents disabled people bring, by giving them the knowledge, skills and confidence they need to attract, recruit, retain and progress disabled people.

This sits alongside a broad suite of actions across government, many set out in the National Disability Strategy, which provide targeted support and advice for both individuals and employers.

Disability workforce reporting

We recognise the role that transparency and reporting can play in helping employers to implement the cultural changes needed to build inclusive environments. Following publication of the Thriving at Work independent review (2017), the Department of Work and Pensions (DWP) worked with large employers and expert partners to develop a voluntary reporting framework.

The voluntary reporting framework helps organisations to record and voluntarily report information on disability, mental health and wellbeing in the workplace. It is aimed at employers with 250 or more employees, but is also available to smaller employers. A central aim has been to increase transparency to make workplaces across the UK more welcoming, supportive and open environments in which everyone can thrive, irrespective of a disability.

Employers are not currently asked to inform the government whether or not they are using the voluntary reporting framework, and evidence around its use is limited. However research published by the Chartered Institute of Personnel and Development in April 2021 found that only 21% of respondents were aware of the framework. Of these, 37% had adopted at least part of the framework. 54% of SMEs who were aware of the framework said that they had no plans to adopt it.

During development of the National Disability Strategy, some stakeholders argued that mandating reporting on disability for large employers has the potential to improve workplaces and outcomes for disabled people through increased transparency. Others shared concerns around mandatory approaches, highlighting challenges for employers and the potential for unintended consequences that would go against the intended aims of such a policy. Unintended consequences might include employees feeling under pressure to disclose disability or identify as disabled when they do not want to. Another concern is that publication of a single statistic may mis-represent the work being done by an employer to create inclusive environments.

Through this consultation we want to explore the issue of disability workforce reporting further, seeking views that will shape our future approach. It will seek views and gather evidence in 4 main areas:

• understanding the current landscape
• benefits and barriers to disability workforce reporting
• considerations if mandatory disability workforce reporting was implemented
• alternative approaches

Terminology

Disabled people: The Equality Act (2010) defines disabled people as people with physical and mental conditions that have a ‘substantial’ and ‘long-term’ negative effect on their ability to do normal daily activities. In this consultation, ‘disabled people’ also includes people with chronic illnesses that have a substantial and long-term impact on every-day life, and people who identify as neurodiverse.

Disabled person led organisation: These are organisations that are run and controlled by disabled people.

Neurodiversity: Neurodiversity recognises diversity in people’s brains and how brains and minds function. People who are neurodiverse include people with autism, Asperger’s syndrome, dyslexia and dyscalculia.

Protected characteristics: The Equality Act sets out a number of characteristics that it is unlawful to discriminate on the basis of. These characteristics are: age, disability, gender reassignment, marriage and civil partnership, pregnancy, race, religion or belief, sex, and sexual orientation.

How to respond

Submit your responses online.

You can also reply by post or email. Please send your response by Friday 8 April 2022 to:

Disability Workforce Reporting Consultation
Disability Unit

10 Victoria Street
London SW1H 0NB
dupublications@cabinetoffice.gov.uk

Alternative format versions

Alternative formats of this consultation are available online – see the ‘Documents’ section.

You can also request alternative formats by emailing dupublications@cabinetoffice.gov.uk or writing to the above address.    Alternative formats include:

• BSL
• Braille
• large print
• easy read
• PDF
• Welsh translation

Confidentiality

If you want the information that you provide to be treated as confidential, please explain to us why you regard the information you have provided as confidential. We will take full account of your explanation, but we cannot give an assurance that confidentiality can be maintained in all circumstances. An automatic confidentiality disclaimer generated by your IT system will not, of itself, be regarded as binding on the Cabinet Office.

Contact details

Disability Workforce Reporting Consultation
Disability Unit
10 Victoria Street
London
SW1H 0NB
Tel: 07749 722203 or 07922 384293
Email: dupublications@cabinetoffice.gov.uk

Complaints or comments

If you have any complaints or comments about the consultation process you should contact the Cabinet Office at the above address.