Disability and accessibility

Our diversity data survey from 20/21 suggests that around 5% of the Scottish legal profession has a disability. Across the population of the UK, the Family Resources Survey suggests that in 2020-21 21% of working age adults are disabled which rises to 42% for pension age adults. 

in 2018, our Profile of the Profession research disclosed that of those who had a disability:

• Nearly one-half (46%) indicated they did not require an adjustment at work
• Of the 45% who indicated they did require an adjustment, nearly one quarter indicated that they had not requested one because they were apprehensive of the response..
• Those who did request an adjustment at work, 63% were provided with an adjustment, while  14% who askked were refused.  

As Employers

Employers are required to make reasonable adjustments to ensure that workers with a disability, whether that be a physical or mental health condition, are not substantially disadvantaged when doing their jobs. the employer is required to pay for an adjustment and the cost can be taken into account when deciding if a requested adjustment is reasonable.

There are three requirements that apply:

• Chnging the way things are done
• Making changes to overcome barriers created by the physical features of a workplace
• Providing extra equipment or getting someone to do something to assist you.

These can very often be  be simple changes such as where someone sits in an office, location of a parrtking specae if parking is provided to staff, adjustyyed working times or a re-organisation of duties between colleagues.  For more detailed information and advice  see  the Equality and Human Rights guidance In Employment:Workplace Adjustments

As Service providers

The duty to make reasonable adjustments also applies rto service providers and is intended to bring the stanfdard of service provided to disabled people as close as possible to the standard of service recieved by non-disabled people. Service providers are required to anticipate if there are any barriers to disabled people being able to access their service - it does not require a disabled person to complain.  Similar to the employer's duties, there are three requirments to consider:

• Where there is a provision, practice or policy which caused substantial disadvantage to disabled people to make changes to avoid the disadvantage.
• Making changes to overcome physical barriers to disabled people accessing your service
• Providing equipment to help diabled people in accessing your service.

For more detailed information please see our guide Ensuring Fairness, Creating More Accessible Services

Also known as invisible or hidden disabilities, this refers to a disability or other health condition which is not immediately obvious when you look at a person. They can be "dynamic  disabilities" which mean that their condition or disability may sometimes affect them more than at other times, and their needs accordingly change. 

Non-visible disabilities cover a wide range of conditions, including mental health conditions, autism and autistic spectrum disorder, hearing loss, sensory and processing difficulties and many more.