While people who sustain a spinal cord injury are relearning day-to-day aspects of life, such as getting dressed or using the bathroom, it can feel like getting back into a work routine might seem impossible. It is estimated that only 33% of those with spinal cord injury of working age are in employment.
Despite this, returning to work can be achieved with the right support network in place. There may be a few obstacles you may face in the process, but balancing spinal cord injury and a job is possible with the best support.
Considerations for employment after spinal cord injury
With healthcare concerns such as fatigue, incontinence and possible pain that comes with spinal cord injury, you need to consider whether you can access the building, transportation and the flexibility on offer to help support your needs.
Legal support is available
Legally, employers are under obligation to meet any reasonable needs of workers with spinal cord injuries by making any necessary adjustments to make work-life more accessible. These could include providing relevant equipment or offering flexible working arrangements that suit days where someone with spinal cord injury may feel more exhausted.
The government offer support available through the Access to Work scheme. This supplies grants to help those at work pay for items they may need or transport fees, ensuring they retain employment. The Equalities Act 2010 was put in place to protect those with spinal cord injuries, by preventing employers from discriminating against employees in regards to recruitment, pay, promotion opportunities, redundancies and dismissal.
The impact of Covid-19
What was once perhaps a difficult venture, finding a job with spinal cord injury has become much easier than ever before ‘thanks’ to Covid-19. During the height of the pandemic, many people had to work from home to reduce the spread of the virus. Because of this, working from home has now become the norm with most offices embracing the option as a full-time alternative. This is a great opportunity for those with spinal cord injury and suffering from fatigue to have the ability to work from home and find the perfect work-life balance.
Questions to ask your employer
Returning to work or starting a new job can feel nerve-wracking for anyone, but there are many questions someone with spinal cord injury will need to ask to know if the job is acceptable for them to work in.
Are the facilities accessible?
An accessible workplace will offer plenty of space for wheelchair users to navigate, with easy access to the outside facilities and throughout the workspace. There must be an accessible disabled toilet in the building and considerations even include the positioning of switches and buttons.
Do they offer flexible working?
Employers can make disabled workers’ lives much easier by offering flexible working for when they need to go to the hospital, rehabilitation appointments or simply just some time to recuperate. It also helps make travelling to and from work easier, avoiding rush hour or having the opportunity to work remotely.
Recognising discrimination
With numerous types of disability discrimination to consider, The Equality Act 2010 protects those with disabilities, including spinal cord injuries, from discrimination in the workplace.
Direct discrimination
Direct discrimination is when those with disabilities are treated less approvingly than another person in a similar situation because of their disability. For example, direct discrimination could occur when you are the best candidate for the job but the employer does not hire you directly because of your disability.
Indirect discrimination
Indirect discrimination is when an employer has a working routine that may have more impact on disabled people compared to those who are not disabled. Unless objective justification is present (where an employer can show good reason for the policy), indirect discrimination is against the law.
Discrimination arising from disability
This type of discrimination is when someone is treated poorly because of their disability. For example, this could occur when an employer dismisses someone with a spinal cord injury because of the need to take time off for medical appointments or rehabilitation.
Victimisation
Victimisation includes disadvantageous treatment received after making a complaint of discrimination under the Equality act. The Equality Act protects you from unfair dismissal or threats caused by making a discrimination complaint.
Harassment
Harassment happens when someone leaves you humiliated or offended regularly because of your disability.
Going into employment with confidence
However daunting it may feel to go back to employment after a spinal cord injury, knowing beforehand will help to ensure you are not putting yourself in a vulnerable position. The right employer will treat you with respect regardless of your capabilities.
If you are currently looking for a job or struggling to afford bills, many resources can help support you. Your local Jobcentre, Access to Work, Employment and Support Allowance (ESA) and Work Choice offer plenty of advice.
Here at Aspire Law, we have plenty of experience in representing clients who sustain an SCI. Get in touch with us today and we will guide you through the process.
