“Disability matters – let’s stop ignoring it,” Marks and Spencer’s group head of inclusion and diversity said recently. This came after research showed that there are more clothing lines available for dogs than there are for disabled people. This suggests that there is more to be done in the retail sector for those who live, work and shop with a disability, whether visible or non-visible1.
Defining disability and a neurodiverse workforce and customer base
In the UK, a disability is defined by the Equality Act 2010 as a “physical or mental impairment” that has a “substantial” and “long-term” negative effect on someone’s ability to do normal daily activities. Among other rights, the Act imposes an obligation on employers to make “reasonable adjustments” to remove disadvantages experienced by job applicants and employees with disabilities. Such adjustments may include accommodations such as remote working, flexibility with hours and extra time to do tasks. Often, guidance is needed from medical professionals, such as occupational health practitioners or specialists, to support the employer in making these changes.
The term “neurodiversity” generally refers to people with conditions such as ADHD, autism, dyslexia and other neurological conditions. An estimated one in seven people in the UK are neurodivergent, with numbers on the rise2. There is therefore a high chance that neurodivergent people make up a substantial proportion of both retailers’ workforces and customer bases.
How retailers can make a difference to customers
A recent survey reported that 78 percent of disabled people noted “extreme difficulty” in accessing shops, and 2/3 reported that a retailer’s physical accessibility determines whether they will visit that store or shop elsewhere3. In the UK, retailers’ obligations go further than just protecting employees and job applicants with disabilities, with customers also being protected from disability discrimination.
While, historically, retailers may have focused on removing barriers to access for those with physical disabilities (for example, installing ramps where there are steps at the entrance to stores), more retailers are now focusing on those with neurodiverse needs – considering what can be done to improve their shopping experience. For example, stores such as Superdrug, Sainsbury’s and Tesco have introduced in-store “quiet hours” for the benefit of neurodivergent customers so they can shop with less sensory stimulation.
Reporting – is it enough?
There’s no legal requirement for companies to collect data on disabilities, and employees often do not disclose information for fear of being treated differently. As part of their D&I agenda, prudent employers will educate everyone in the workplace on discrimination issues to try to gain and maintain the trust of staff with disabilities, as well as to support them in tackling obstacles in the workplace.
The UK government recently consulted on mandatory disability workforce reporting. Following this, the Business Disability Forum (BDF) collected the views of both employees and employers, subsequently publishing a report that concluded that mandatory reporting would not reduce the disability employment gap or improve inclusive experiences of work. In fact, the research showed that a high number of employees with disabilities in a workplace is not a true indication of an inclusive environment. It was found that both employers and employees were concerned that such mandatory approach to reporting would actually be counterproductive, risking “labeling” those with a disability, rather than promoting inclusivity.
Following its research, the BDF has set out a number of recommendations for the future, including a push to focus on the experience disabled people have at work, rather than scrutinizing the number of disabled people in an organization. The UK government’s response to the BDF’s recommendations is due to be published by June 17, 2022.
Next steps
Whatever the response, it is clear that, going forward, retailers must have active conversations about how those who are disabled (both employees and customers) – including those with neurodivergent needs – can be supported. We are seeing more retailers set up employee forums and networks focused on supporting those with disabilities to increase awareness, in addition to implementing specific employee training on the topic. The online retailer ASOS, for example, recently launched an employee disability network that provides advice and training to managers and new employees on how best to have conversations regarding disability. On the customer experience side, Marks and Spencer also has mandatory staff training on how to welcome and support customers and their assistance dogs when shopping.
On December 3, 2021 (International Day of People with Disabilities), DLA Piper launched Enabled, its own ability people network, which seeks to support anyone affected by a disability, neurodiversity or physical or mental well being issue. Please contact the author of this article, Lisa Hodgson, a Legal Director in our Employment practice, who would be delighted to connect with any of our readers on any of the topics explored in this article – or share further details regarding our own ability network.
