Rights under the Equality Act 2010
The Equality Act 2010 provides ongoing protection for Disabled people during their employment.
The Act requires that employers must provide a supportive work environment. They must make access requirements a Disabled worker needs to do their job. In the screen industry, this might look like:
- An editor with a physical disability might need a workspace to be designed and calibrated, for example, height-adjustable desks and ergonomic keyboards and chairs.
- An actor with a learning disability might require additional training or an experienced acting coach/guide/mentor.
- A neurodivergent development producer with noise sensitivity issues might need to pitch in a quiet room without complex background noise.
- A production designer with a chronic illness like ME or Crohn’s Disease might require flexible working hours or a work-from-home option.
- A deaf or hard-of-hearing camera operator might require a sign language interpreter, lip speaker or assistant who can relay real-time feedback during shoots.
The financial and logistical circumstances of your employer will have an impact on what’s considered a reasonable adjustment.
Employers must also protect Disabled workers from discrimination at work. Discrimination could look like:
- Unfair treatment
- Bullying and harassment
- Hostility
- Withholding opportunities
The rules about discrimination are the same for bosses, HR, co-workers, freelancers and temporary workers and contractors.
If a Disabled worker feels that they are experiencing discrimination, or that the employer has not made reasonable accommodations, they can take action.
- They could first speak to a trusted friend or colleague
- They could complain internally, such as to a manager or the HR department
- They could reach out to Citizens Advice, a disability-related organisation, the Film and TV Charity, the Creative Industries Independent Standards Authority, or a relevant union.
And if the employer does not take steps, they could reach out to a solicitor who is a proven disability employment rights specialist. The solicitor can guide them through a tribunal process.
Explore more guidance and information below.
Alternatively, you can what the video below with BSL interpretation.
Deciding to share information about a disability with an employer is a personal decision. The Equality Act 2010 does not require it unless the disability prohibits their ability to do the job, even with adjustments.
However, sharing this information will make it possible to access any access requirements needed to do the job easily and effectively.
The individual circumstances for disability information sharing varies. But here are some general tips that could help for the worker and employer:
How to approach the conversation:
The focus should be on the ability, not the problem. “I can’t work nine to five every single day” would work better as “with flexible hours, I can meet deadlines and get through the workload much more easily.”
Be confident and clear:
Some Disabled people feel that sharing is intimidating because it’s extremely personal information. Past experience with discrimination can make it more unnerving. It’s important they remember that they’re only asking for what’s necessary to do the job.
Preparation is key:
The worker could practice what they want to say, with or without advocates to give feedback. Thinking about the questions an employer might ask could help. Taking notes before and during meetings is acceptable, as is asking to be accompanied by an advocate or a rep.
Know who to tell:
A worker might want to begin with a trusted colleague or work friend. If a disability impacts things like emergency/evacuation procedures, they could try the health and safety officer. Or they might want to approach an access coordinator, manager or the HR department.
Choosing timing:
There are different stages in employment that a Disabled worker may feel the need to share:
- Early on in their employment, especially if their performance will be impacted without adjustments in place
- When unsupported disability versus expectations become untenable
- When the employee’s responsibilities change and means adjustments will be required to meet the new responsibilities
- When the work environment becomes more supportive of disability inclusion
- When other Disabled workers join the workplace, they may feel more empowered
- If the nature of a disability changes and the employee realises they may need adjustments
- If an employee’s disability status changes during the course of their employment.
Example conversation starters:
“I would like to discuss the reasonable adjustments I need during my contract.”
“Who would be the best person to speak to about my access requirements?”
“My access requirements have changed since I started this contract, and I’d like to share with you what I need.”
“Can we organise a time to go through my Access Passport?”
“My support worker / sign language interpreter will be joining me in the office, who can I speak with about sorting out a desk space for them?”
No matter what stage of the job a Disabled person decides to share their Disabled status, the employer MUST keep this information confidential.
The only people who should be told are the people who will make any access requirements and accommodations needed. This includes an HR manager, a health and safety manager if health and safety issues are involved, an access coordinator, or a line manager.
There may be times where it would be useful for your colleagues to understand your access requirements, for example if someone lip reads and needs team members to speak clearly and directly in their eyeline.
It is always up to the individual on how, when, and who that information is shared with.
Both the worker and the employer should keep detailed notes of conversations regarding access requirements, including dates and who was involved. There should be follow-up emails that outline what was talked about and agreed upon. This makes expectations clear and avoids ongoing miscommunication.
Some Disabled employees share their status more broadly to get a higher level of support among their co-workers or employer.
Access to Work is a government scheme which makes grants to cover the costs incurred providing accessibility and adjustments to a Disabled worker on one contract. An application to Access to Work is submitted by the individual and can be submitted promptly once a contract of work is agreed, however it often takes a long time to process.
An individual can also apply to Access to Work if they become disabled in the middle of a work contract and require adjustments and / or support.
Although the application can only be made by the Disabled person, the employer is still notified. Access to Work covers costs including, but not limited to:
- Additional travel costs (e.g. paying for taxis when taking public transport isn’t accessible)
- Paying for support workers during working hours (e.g. BSL interpreters)
- Personal assistants
- Equipment needed to make the workplace more accessible (e.g specialist chair in the office, Braille equipment etc.)
- Software to provide access (e.g. screen reading software, dictation software etc.)
- A contribution towards equipment needed during working hours (e.g. Access to Work may pay for 5/7ths towards a wheelchair as it’s only needed for five working days a week)
- Coaching support in work.
The Creative Diversity Network, which inspires the entire industry toward inclusion, has created three helpful Access to Work in TV guides.
- Application
Apply to Access to Work - evidence may be requested to support a claim. - Assessment
If Access to Work decide an individual meets the eligibility criteria they will authorise an assessment which may take place on the phone, by email or within the workplace, depending on what has been requested. - Recommendations
The individual and employer will receive a letter which states what funding will be awarded and recommendations for what support someone may need in the workplace. If you are a freelancer or self employed, only you will receive the letter. - Claim
If you have requested equipment, the employer will purchase this and claim back the costs with Access to Work. Any ongoing costs, such as taxis or BSL interpreters are claimed back with Access to Work. - Renewal
If your Access to Work grant pays towards ongoing costs, such as a support worker or BSL interpreter, you will have to renew it.
Employer
An employer may have to share the cost with Access to Work if the person has been working for them for more than six weeks when they apply to Access to Work. They will only have to share the cost for:
- Special aids and equipment
- Adaptions to premises or equipment
When cost sharing applies, Access to Work will refund up to 80% of the approved costs between a threshold and £10,000. More information can be found on Access to Works employers factsheet.
Social and Domestic Contribution
If a grant is offered through the Access to Work programme, it may require a personal contribution from the applicant if the equipment can also provide benefit outside of work. This is known as the Social and Domestic Contribution.
Access to Work funding is calculated pro rata to the number of days worked. So, if a person works three days a week, they can offer a grant of 3/7 of the equipment cost. The person is then responsible for the remainder of the cost, which is the Social and Domestic Contribution.
A Motability Access to Work Grant can reimburse the total Social and Domestic Contribution for the following items of equipment:
- Manual wheelchairs
- Powered wheelchairs
- Scooters
- Vehicle adaptations.
Anyone who has received an offer from the Department of Work and Pensions of an Access to Work grant for equipment can apply to Motability for a grant towards the full cost of any Social and Domestic Contribution for the equipment listed above. They do not need to be a Motability Scheme customer.
An Access Passport is a document that gives clear information about the adjustments a Disabled person needs at work.
It’s a special list that helps people understand how to give consistent and clear support. It also provides peace of mind because everyone understands what is needed and expected.
An Access Passport includes the nature of the disability and the person’s specific needs. These could be anything from equipment, breaks, working hours, tools, or workplace environment guidelines.
The passport stays with the worker so that when there’s a change of boss or job, they don’t have to go through the same process again and again – this is particularly helpful to freelancers.
You can use an Access Passport produced by The TV Access Project. An easy read version of the passport is also available.
Creating an Access Passport involves collaboration. Though each team is different, it could include the worker, the employer, HR, a disability consultant or access coordinator, and / or potentially an occupational health professional.
Remember, it is always up to the Disabled employee how they would like their passport to be utilised and with whom it is shared.
Access Coordinators are strong allies and advocates for Disabled workers.
Their job is to ensure that Disabled workers have the support they need at any stage of a production.
They speak with all cast and crew on a production to get an idea of current needs, and any potential additional or changing needs. They can then support the production to put in the necessary adjustments for cast and crew members to do their jobs effectively.
They ensure access needs are met and identify any potential barriers. Some examples include:
- Anticipating barriers for Disabled crew based on the shooting schedules, scripts, etc.
- Checking audition and interview locations are accessible and inclusive
- Solving any last-minute accessibility problems
- Recommend training for production teams on accessibility barriers, bias, and discrimination
With an access coordinator on board, a production ensures that accessibility is prioritised from the beginning.
This makes Disabled workers feel more comfortable that their needs are seriously considered. It also helps them do their jobs without unnecessary challenges.