Hidden Disabilities in the Workplace: Chronic Pain

This is the second article in our series on Hidden Disabilities in the Workplace, where we began by discussing fatigue, what it is, and how employers can help their employees, as well as an introduction to what Hidden Disabilities are, and what they mean for people experiencing them. This article will look at another common symptom experienced by people with hidden disabilities, chronic pain. In this article we will consider guidance on how hidden disabilities can be managed in the workplace and what employers should consider specifically for employees suffering from chronic pain.

It is estimated that in the UK in 2023 16 million people were disabled, including 23% of working adults. Of these, 70-80% are estimated to have invisible disabilities, also known as hidden disabilities.

Chronic Pain as a symptom

Chronic Pain is defined as pain that persists for longer than 3 months, beyond the natural recovery period for an injury or illness. It is estimated to affect over one third of adults in the UK. Unlike acute pain, which often accompanies a specific illness or injury and lessens with the healing process, Chronic Pain can continue without a clear cause, despite investigations and treatment. Chronic Pain can be a stand-alone illness, however it often stems from other conditions such as arthritis, fibromyalgia, or nerve damage, and can affect any part of the body.

Chronic pain is experienced differently, and one person’s experience with chronic pain may also change over time based on various known and sometimes unknown stressors. The pain can vary from continuous dull aches, to intermittent sharp or burning pain. Other than the pain itself, a common side effect of chronic pain is that it prompts other symptoms, such as fatigue, reduced mobility, and cognitive issues (also known as brain fog).

For employees experiencing Chronic pain, this can lead to decreased productivity, frequent short term sickness absences, and difficulties with flexibility and in person attendance. It can also affect mental health, and can lead to or contribute to stress, anxiety and depression. For employers, this can result in the need for temporary staffing solutions, and increased turnover.

Managing Chronic Pain in the workplace

So what can employers do to support an employee experiencing chronic pain?

What the appropriate reasonable adjustment may be for each case is very circumstance specific, requiring consideration of the role, the employee’s needs, and the needs of the business.

However, here are some suggestions that may be appropriate, and a combination of one or some of these may provide the assistance the employee needs to remain in the workplace.

1. Flexible working hours

Making flexible arrangements to an employees working hours can assist them to manage their pain, particularly if this is worse at certain times of the day. Employers can consider degrees of flexibility, including allowing the employee to start or finish later, either on a fixed pattern, or requiring core hours to be worked and flexibility either side. If core hours are not required, an employer may also consider true flexitime where an employee has a number of hours they must work, but these can be performed at any time in the day. For employees who may experience an extreme bout of pain which takes them out for a day, but then be fine for the rest of the week, this would allow them to continue work without having to take frequent sick days as often.

2. Remote Working

Providing the option to employees to work from home can be a particularly valuable adjustment for those experiencing chronic pain. This option reduces the physical strain of commuting, and allows employees to work in a comfortable environment.

3. Ergonomic Workstations

Employers already have a health and safety related duty to provide appropriate work stations for employees, however they may wish to consider getting advice from occupational health or the employee’s GP about any adjustments that could be made to alleviate chronic pain associated with poor posture or repetitive strain. For example, a common solution for those suffering from RSI or arthritis is a vertical mouse, rather than a conventionally shaped mouse as it requires less twisting to use.

4. Additional Breaks

Offering employees frequent breaks is a useful way to help employees manage pain, or to prevent it from worsening. Particularly where the pain is associated with repetitive motions, breaks from situations which may prompt the pain is a good way to mitigate this situation. It is important to discuss with the employee what is required for these breaks to be actually useful. If considering incorporating additional breaks, it will be important to discuss with the employee how this time will be made up. Would the employee work later to make up time, or move to part time hours spread out rather than full time.

5. Task modification

If the employees role involves tasks which create or exacerbate their symptoms, employers should consider if there are any modifications that can be made to the role to reduce this risk and make the role more manageable for the employee. In some circumstances, this may require considering a different role entirely for the employee. It is important to talk through the role with the employee, and find out what parts they are struggling with particularly, rather than assuming that the entire role is not suitable. If alternatives are needed, employers should consider what adjustments they can make and have a reasonable discussion with the employee about their capabilities and needs.

It is important to remember that these are not one size fits all solutions. Whilst one employee may benefit from remote working, for some this may leave them feeling isolated, and reduce motivation. It is important to discuss what is needed with the employee, and we recommend seeking support from occupational health who may be able to recommend adjustments specific to that employee.

There are occasions when balancing the needs of the employee and the employer, or navigating tricky work place dynamics becomes particularly complicated and requires more nuanced advice. If you find yourself in such a situation, our employment team is on hand to assist, and we always recommend getting legal advice before making big decisions about an employee.